This is going to be the main issue behind that argument. The burden of proof has shifted.
The tech industries reaction to the Snowden seems to the outside very lukewarm. Sure, they are giving all sorts of "trust us" statements, but truth is we don't have the slightest clue if this is their honest opinion or just an opinion that a secret court forces them to uphold. Reality might be much more nuanced, but to the outside there is very little reason to give anyone any longer the benefit of the doubt.