Okay, so then when I download an MP3 it's not theft because I didn't actually deprive the artist of their source files.
To be fair, then I'd also have to let the NSA keep records from "third parties", since I'm a Kopimist of sorts.
Actually, I'm OK with the NSA having my data. I'm not OK with them compelling third parties to HAND OVER data (e.g. PRISM) but I'm fine with them holding information that they gathered through other means as long as those means were acceptable. Tapping fiber optic cables is a gray line here.
All good as long as they allow me to evade them by taking privacy into my own hands. I want to be able to use, export, and import any encryption technology that I see fit.
Let's play ball.
Where's http://groklaw.net when you need it?
So if we are unable to communicate privately, is there any privacy left?
If anything they are exploiting the fact that the public has become docile and likely won't fight back, even when they know without a doubt they are being lied to by the people they pay to protect them.