I guess what I meant was, "We now have a huge amount of evidence about what they really are doing, lets talk about that and where the line should be drawn; speculating gets us nowhere."
I agree we're not doing enough with the information we do have to curb this, but speculation also has value. Speculating is a way to explore what the line might be and also could bring attention to an unknown infringement since the NSA surely isn't telling us everything yet.