The Peace Laureate Administration must be short on ways to occupy its collective time. Why are they expending any effort toward making a legal figleaf for themselves? Last time they wanted to simply inhale the entire internet, emails, etc., didn't they Just Do It?
I'm sure that Carnivore or Omnivore or the successor beast, by whatever name, is still munching up absolutely everything related to telecommunications. And will continue to do so, regardless of what laws or regulations they do or do not imprint on toilet paper. Who cares? Just assume they're listening. And that they're stupid. Both are, I think, very good bets.