Here are a few reasons, off the top of my head, why it isn't...
1.) I don't have to use Google. I can use different products.
2.) Google is a private company. They cannot arrest me.
3.) The FBI/NSA are part of my government. They have the power to arrest me.
4.) The FBI/NSA have a long history of lying about who they are spying on and abusing their powers.
Imeachment? You really think, the next President will do anything different? We got rid of Bush because we were tired of his shit. Guess what? Mr. Hope and Change is more of the exact same bullshit. Impeach away. Meanwhile, the NSA will keep on keeping on.
The Humble Bundle was the reason I finally bought my Nook. Of course I discovered it because of Tech Dirt. It was a great purchase, stocking me with a host of books for a reasonable price. Pirate Cinema was the first book I read, and I loved it.
Everyone breaks the law, every day. It is nearly impossible to not break a law. Did you drive your car? I guarantee you did something illegal. There are a great many deliberately vague laws or laws that nobody pays attention to.
Examples from NJ Motor Vehicle code
Failure to stop vehicle before crossing sidewalk
Failure to keep right
Failure to keep right at intersection
Failure to yield to overtaking vehicle
Improper turn at traffic light
Failure to give proper signal
Improper crossing of bridge
Improper passing of frozen dessert truck (4 points!!!!)
Improper action or omission on grades and curves
If drove a car in NJ today, chances are you broke one or more of those laws. That is just a quick search of NJ moving violations that earn points.
Face it, you broke the law somewhere today.
A surveillance society allows the government to target anyone they fell like targeting and charge them with a crime. The feds already have the power to call you a "terrorist" and lock you away forever. No trial. No rights. No constitution.
Right now they are very careful about using it. Unless you are Bradley Manning. There will come a time in my lifetime, when they will abuse the law. There will be a people they don't like, communists, terrorists, liberals, Muslims, gays, Mexicans, pirates, etc. and they will start locking them away.
Lets say I come over your house, and I bring my laptop. While I am sitting at the table using my laptop, the police enter into your house.
Are they allowed to search my laptop?
What about your home computer?
A cell phone is a computer. At least mine is. I can edit a spreadsheet, view PDF files, send email with attachments, play games, watch movies etc. Why are they allowed to search all your text messages and call history without a warrant?
They shouldn't be able to. Technology has moved light years faster than the law. Twenty years ago, the police would need a warrant to compel the phone company to give them a list of calls made on the phone. Today they can just pick up your phone and search your history without asking?
There will never be a clear ruling because our government does not want one. They are wrong and they know they are wrong. But they have the power, and are willing fire at whatever target their masters decide.
They don't want a ruling. They don't want this to go to trial. They just want to put the site out of business. Mission accomplished.