Not to mention that according to Chris Soghoian from ACLU, last year only 5 out of 180 FISA orders were authorized by 215 - the rest were authorized by other programs.

So this "critical" program represents only like ~3% of the government's surveillance programs. After all we only are talking about "phone records" here. Most records would likely come from Internet communications these days and there are likely programs that include capturing the content as well.

Also:

"McConnell announced that the Senate would return from its break on Sunday, May 31, just a few hours before the midnight deadline. McConnell called it "one more opportunity to act responsibly."

http://www.dailydot.com/politics/senate-usa-freedom-act-fail...

So it's not over until the fat lady sings.