The single most clear political lesson of the past decade is that using power, even blatantly cynically, when you have it, won't produce much of a backlash. Your fans will just wait until the "other team" does it to complain.

And that's for hyper-partisan issues! I'm not sure there's any truly influential political group that would strongly oppose this. Thinking it's just the politicians who are unaware and/or disagree with the tech-minded is a mistake. The populace is less on our side re: surveillance than we'd hope.

Making it unlawful to operate this kind of service would be a very bad idea, but it's far from clear that it's unconstitutional, and I would expect courts to rule otherwise if Congress decides to impose more logging requirements.

secret FISA courts are also against the constitution, yet here we are.

Why would it be unconstitutional? Which provision would such a law contravene?