[downandout]

If, through whatever means, they become interested enough in your data, they can just go judge shopping until they find one that decides that NSA suspicion is enough to issue a search warrant.

[rosser]

True enough, but that scales very poorly, while their current approach demonstrably scales rather well.

In a game of picking one's battles, that seems like an easy win; I'll worry about contempt charges and rubber hoses some other day.