Unfortunately, you can't fight battles like this on only one front.
Ignoring bad, overreaching legislation but finding a technological way to fight back will result in law enforcement going to congress later saying, "You gave us the authority to take these broad measures, but technology prevents us from doing our jobs. We now need new laws that outlaw those technologies or give us new authority to circumvent them. Perhaps we need a law that forces hardware manufacturers to include our backdoors so we can track users hiding behind anonymizing technologies. We'll also need more funding to increase our manpower and research to stay ahead of the subversive technologies out there."
Precisely, especially with Anonymous' doings lately I've heard several senators express a desire to outlaw TOR in the US, ironic since we were so in favor of it's use in Egypt, and since we developed it for use by Chinese dissidents.
Ignoring bad, overreaching legislation but finding a technological way to fight back will result in law enforcement going to congress later saying, "You gave us the authority to take these broad measures, but technology prevents us from doing our jobs. We now need new laws that outlaw those technologies or give us new authority to circumvent them. Perhaps we need a law that forces hardware manufacturers to include our backdoors so we can track users hiding behind anonymizing technologies. We'll also need more funding to increase our manpower and research to stay ahead of the subversive technologies out there."