[incongruity]

You act as if it is all arbitrary but I'd assert that, on balance, it's largely not. We have a system of laws and the contention is that many of these programs are extraconstitutional aka – illegal and in contradiction to the US constitution. When things are done in secret, there is no opportunity for the legal process to work, just as it largely has for many other cases over many years. It isn't perfect, but rogue actors and illegal program hiding behind governmental authority certainly cannot be argued as better.

Even the Uniform Code of Military Justice makes it clear that soldiers have a duty to not obey an unlawful order. The idea is that we are all answerable to the principles in the constitution (and, if you believe, to a higher power or to the idea that some rights are considered inalienable).

So, no, I don't agree with your implicit assertion that all of this is arbitrary and depends only on the whims of the individual.