Mitigating factor in this particular case is that some of the things proposed, like using the same IV for each packet, would definitely be found out by people other than the NSA. That would go against the NSA's goals.
They are deterministic systems after all, and giving researchers the means to look at them more abstractly could make it a lot easier to pick where to attack, or where to concentrate spycraft to introduce weaknesses that would be hard for mere mortals to detect on their own.
Behold the Underhanded C contest, where the aim of the contest is to deliberately create vulnerabilities disguised as genuine bugs. http://underhanded.xcott.com/
What slightly complicated matters is that it is not certain who's occupying said chair: a user or a developer.