But the problem is that there is no court, and they (NSA or whomever) are left to make their own conclusions and act on them before we have a chance to defend o

But the problem is that there is no court, and they (NSA or whomever) are left to make their own conclusions and act on them before we have a chance to defend ourselves. In the example, you can draw (at least) two conclusions, the problem is: the NSA gets to pick the one that suits their needs and defend it with misinterpreted "meta data"