Some did speak up, pretty loudly. Did you read this story (Wyden & Udall) when it came it out in 2012? I did.

http://www.nytimes.com/2012/03/16/us/politics/democratic-sen...

Here's follow-ups from this week, linking their warnings to the current stories:

http://www.nytimes.com/2013/06/07/us/politics/senators-wyden...

http://www.denverpost.com/politics/ci_23406958/sen-mark-udal...

Rand and Ron? I'm reasonably confident they've been against this from the start (it's part of their core ideology), but Rand Paul was never on the secret Senate committee that was allowed to know about this, nor Ron on its House counterpart:

https://en.wikipedia.org/wiki/United_States_Senate_Select_Co...

https://en.wikipedia.org/wiki/United_States_House_Permanent_...

Wyden and Udall were (on the Senate side), and they did inform the public. Sort of. The public doesn't really care that much.