Bogus defense IMHO. Acquiring the ability to query a database is enough to constitute surveillance. I wonder if my land lord could use the same logic to legally record me in the shower.

We have to understand that, much like it's a military's responsibility (and desire) to go to war, it is the goal of spy agencies to gather all the intelligence it possible can. In both cases it is up to law making bodies comprised of "the people" to check these agencies' ambitions.