While I agree with what you've said, the problem is that the sheer majority of people are using defective-by-design webcrapps. In fact, this is what has reopened this "debate" - TLAs got used to firehose access that companies no longer want to provide because it hurts their image.

So we, as a society, are in a situation where say 95% of people's software choices are being decided politically! If they're nudged into [continuing] using backdoored software, then criminalizing the remaining few is pretty easy to do, even if it's only through lazily-enforced laws like RIPA.

But as I said I do agree with you ideologically and have to hope that as people get a clue the pendulum will swing back to secure decentralized solutions. Because even if our holy leaders dismantled the NSA (et al) tomorrow, it's only a matter of time until the same electronic panopticon catches up with us via the private sector through eg insurance policies and aggressive price discrimination.