Your point about banks being forced to do what governments cannot is a stretch. Your comparing a thrird party (governments) to a first party (banks). Your drug dealer knows your an addict well before your parents do. Also as another poster said banks get warnings to respond.
You can miss me with this banks are the victim. It has been shown over and over and over from the dawn of Banking that no matter who you are if you have a lot of money there is a bank willing to work with you.
Whether banks should be allowed to do this is a different question but they are absolutely not victims.