Absolutely. I'd agree that all conclusions derived from such analysis ought to be thrown out and cause for dismissal of any case/warrant issued. This really is what is at stake--well, beyond the violations of the 4th Amendment and other legal expectations/protections.
This is a dangerous step. Not to go too Hollywood on the subject, but I'm struck by the ways this could increase in effectiveness to the point that the next whistleblower/debacle centers on the ways in which the collection and analysis of private papers/data lead to arguing that such programs aid in the Minority Reportish prevention of impending crimes. We're already (supposedly) using this to prevent terrorism. Next thing could be robberies, murders, "illegal" demonstrations, dissent, civil disobedience, etc.--in other words, thoughtcrime.
Moreover, where juridical proceedings are concerned, how in the hell is Joe/Jane Public supposed to argue that s/he is not guilty of something that is alleged on the basis of data contained in a secret database of dubious legal, but otherwise publicly accepted, nature? How do you prove that incriminating communication records are not yours, or that they do not mean what the government alleges they mean?
I don't know about proof, but in the Zazi case we saw that there were three people who were identified as connected to the plot early on who were quietly dropped from the story as it progressed, leading one to conclude that they were indeed false positives.
As for "robberies, murders, etc.," we know that Section 215 orders have been used against hackers, and the government themselves have described the purpose of the programs to be applied to "criminals" in general:
This is a dangerous step. Not to go too Hollywood on the subject, but I'm struck by the ways this could increase in effectiveness to the point that the next whistleblower/debacle centers on the ways in which the collection and analysis of private papers/data lead to arguing that such programs aid in the Minority Reportish prevention of impending crimes. We're already (supposedly) using this to prevent terrorism. Next thing could be robberies, murders, "illegal" demonstrations, dissent, civil disobedience, etc.--in other words, thoughtcrime.
Moreover, where juridical proceedings are concerned, how in the hell is Joe/Jane Public supposed to argue that s/he is not guilty of something that is alleged on the basis of data contained in a secret database of dubious legal, but otherwise publicly accepted, nature? How do you prove that incriminating communication records are not yours, or that they do not mean what the government alleges they mean?