Phone calls and letters sent overseas or originating overseas have never had 4th Amendment protection. Any more than your luggage has 4th Amendment protection when you are entering or exiting the country.
There has never been a legitimate Constitutional issue regarding the federal government seeking the metadata -- or even the content -- of these communications. E.g., all letters to Europe during WW II were intercepted, opened and inspected at Bermuda.
But the Patriot Act does not afford the federal government unfettered access to the metadata or content of strictly domestic communications -- unless there is a warrant, issued with probable cause, for specific names and phone numbers.
The Gov't is in essence copying everything, the metadata, all data and storing it.
Then the rubberstamp FISA allows Gov't to open the contents.
Are you gonna argue that Gov't has the authority to 'copy' everything and store it?
Then we get into various State and Federal laws. Many states do not allow the recording and phone calls, data, ie Maryland. It would be a nice bottle of joy to see a State sue the Feds over such intercepts.