> If this is really their argument they've already lost.
This would only be true if government were in fact answerable to people. It isn't, and hasn't been for a long time, if it ever was. Legislators decide what they want to vote for, and then decide how to brush off people who tell them anything they don't want to hear.
Lost in which arena? Do you trust politicians to not expand the scope of governance? If they are called out, they can simply rebrand their efforts under a new bill until 3 letter agencies get all the goodies they desire. How much patience does a low information public have? Is it as much as the political and security state classes?