You have always had to assume that your data is available to Big Brother.
We expected our government to uphold the law, specifically the 4th Amendment, which protects us from unlawful searches.
Here's a report from 2000 (http://news.bbc.co.uk/1/hi/world/europe/820758.stm)
Here's a report from 2001 (http://www.theguardian.com/world/2001/may/29/qanda.janeperro...)
Risk assessment has always been part of cryptography.
You have always had to assume that your data is available to Big Brother.