The fatal flaw with this reasoning is that every President gets to change their mind. So long as the law of the land delegates this authority to the executive, you'll always have to wonder what internal rulemaking the President has done, or plans to do.
Any President can change their mind about executive orders.
Every President can't change their mind about the limitations imposed on them by Congress.
This is a very simple point. I'm sure you get it. I understand, you're mad at Barack Obama. Fair enough. But getting Barack Obama to play nice doesn't fix the fact that current law regarding surveillance is bad and must change.
"Obstructionism" isn't the problem. This isn't a partisan issue. The law is the way the law is because both sides of the aisle want it that way.
This is well and truly a legislative problem.