The former seems so much more likely to me. Probably because my German teacher had us watch ["The Lives of Others"](https://en.wikipedia.org/wiki/The_Lives_of_Others) and at this point it would be absolutely insane to imagine that the obsession with power that exists in the government would fail to find a way to read data that's literally stored on someone else's computer where you could never tell if it's been read. Seems like a no brainer, but without proof most people would rather just call it a grey area. Which is a fine enough narrative. Doesn't change much either way.