[forgottenpass]

if you declare privacy a greater need than better law, law-making and law-enforcement, you've already lost

I don't see law and privacy as competing for priority, I think they're complementary. Part of striving for better law, better law-making and better enforcement is an understanding that law is not always perfect, and improving law is a gradual, iterative process. Privacy - and other legal protections - are failsafes built into the system of law to mitigate the ways is which we anticipate it may fail.

I didn't have this in mind when I used the term "failure states" in my earlier post, but the choice of language comes from the way we build safety critical system. The primary goal is to build a product that improves lives, but part of that process is identifying ways the product could malfunction or be misused, and applying mitigations to prevent the negative outcomes. Ideally, on a prefect product used expertly, they're just extra features that never get used.

The reason they must exist is that our analysis can't assume the hubris of perfect design and implementation 100% of the time.