We should be (and many are) working to secure ourselves so that Congress and the legal system must work to catch up to the possibilities of citizens to protect themselves on their own terms: good end-to-end encryption, true anonymity when it's needed, and as much open and auditable code as we can get.
They're not going to give security and privacy to us — they wouldn't even if they could. So we make it ourselves, slowly, surely, and publicly, and maybe in a few years they'll be the ones that are outraged.