Executive Order 12333 is old news to national-security insiders and the journalists who cover them, but is largely unknown to the American public, in part because officials have a perverse institutional incentive to obscure its role. But some insiders are troubled by such affronts to representative democracy. A tiny subset screw up the courage to inform their fellow citizens.

Tye is but the latest surveillance whistleblower, though he took pains to distinguish himself from Snowden and his approach to dissent. "Before I left the State Department, I filed a complaint with the department’s inspector general, arguing that the current system of collection and storage of communications by U.S. persons under Executive Order 12333 violates the Fourth Amendment, which prohibits unreasonable searches and seizures," Tye explained. "I have also brought my complaint to the House and Senate intelligence committees and to the inspector general of the NSA."

These steps—which many say Snowden should've taken—produced no changes to the objectionable NSA spying and wouldn't be garnering attention at all if not for Snowden's leaks. It is nevertheless telling that another civil servant with deep establishment loyalties and every incentive to keep quiet felt compelled to speak out. As Tye put it:

I have never made any unauthorized disclosures of classified information, nor would I ever do so. I fully support keeping secret the targets, sources and methods of U.S. intelligence as crucial elements of national security. I was never a disgruntled federal employee; I loved my job at the State Department. I left voluntarily and on good terms to take a job outside of government. A draft of this article was reviewed and cleared by the State Department and the NSA to ensure that it contained no classified material. When I started at the State Department, I took an oath to protect the Constitution of the United States. I don’t believe that there is any valid interpretation of the Fourth Amendment that could permit the government to collect and store a large portion of U.S. citizens’ online communications, without any court or congressional oversight, and without any suspicion of wrongdoing. Such a legal regime risks abuse in the long run, regardless of whether one trusts the individuals in office at a particular moment.

This act of conscience illuminates yet another path a surveillance whistleblower can take. If more current and former federal officials believe the NSA is in flagrant violation of the Fourth Amendment, they should consider declaring themselves too. "Based in part on classified facts that I am prohibited by law from publishing," Tye wrote, "I believe that Americans should be even more concerned about the collection and storage of their communications under Executive Order 12333 than under Section 215." I wonder what he saw but isn't revealing.