Yes. A conversation was possible for the decade before Snowden leaked. Those who could have initiated it, from the government to these companies, did not do so. Bemoaning the inability to have a conversation -now- is really just bemoaning the inability to sweep everything under the rug as people demand substantive change.
Hell, those criminals were even granted immunity for their crimes. Forward immunity by letter 2511, and retrospective by the FISA Amendments Act of 2008.
And just because the DOJ and the gov say it's legal does not mean it's legal per se.