If this posited wannabe-surveillance state wanted to institute ubiquitous surveillance, it would just unilaterally do so a la PRISM. To our knowledge, they have not done this and are instead trying to rationalize the creep of surveillance somehow, which indicates that public opinion around these initiatives still matters. Public opinion is something we can all influence. Maybe discussing the legalese is a waste of time, but discussing the rhetoric and how to combat it definitely isn't