The thing is, privacy doesn't have to be incorporeal, there can be laws passed that either explicitly prohibit privacy invasions or legalize behavior that can currently be used for probable cause, reasonable suspicion, or actual charges (linking to content hosted elsewhere, for instance). To remove the ability to exercise power based on certain things is the strategy here. You can defund the NSA, which I support, but you can also make it so that certain things do not even qualify as evidence of wrongdoing.
Keep in mind that the state of privacy in the Obama administration's "three-hops" strategy allows them to mine the internet and telephone data of anybody who calls a cable company or telephony provider, provided someone suspected of talking to someone suspected of talking to a suspected terrorist has called any of those providers. Which is basically everybody.
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The thing is, privacy doesn't have to be incorporeal, there can be laws passed that either explicitly prohibit privacy invasions or legalize behavior that can currently be used for probable cause, reasonable suspicion, or actual charges (linking to content hosted elsewhere, for instance). To remove the ability to exercise power based on certain things is the strategy here. You can defund the NSA, which I support, but you can also make it so that certain things do not even qualify as evidence of wrongdoing.
Keep in mind that the state of privacy in the Obama administration's "three-hops" strategy allows them to mine the internet and telephone data of anybody who calls a cable company or telephony provider, provided someone suspected of talking to someone suspected of talking to a suspected terrorist has called any of those providers. Which is basically everybody.