It was the scale of this kind of thing that was considered conspiracy theory.
It's not even that. Reading through the ample material I have cited it's clear that the scale was well defined. The ACLU even cited it as one of their primary concerns and even in the PBS doc they mention that it's a atrial evolution and that was in 2001.
I'm not convinced in any way this couldn't be foreseen if people would've paid more attention
http://www.gao.gov/new.items/d04321.pdf
http://nsarchive.gwu.edu/NSAEBB/NSAEBB424/docs/Cyber-027.pdf
https://www.forbes.com/forbes/2004/0920/070.html
here is even a hertiage foundation report talking about sharing privacy keeping technologies with the government in the name of 'fighting terrorism'
http://www.heritage.org/homeland-security/report/technologie...
http://www.heritage.org/defense/report/information-oversight...
and here is the ACLU sounding the alarm in August of 2004:
https://www.aclu.org/files/FilesPDFs/surveillance_report.pdf
Ironically, its around the same time the NSA purported to have their own 'rules' in how they gather, which were obtained here:
https://epic.org/privacy/nsa/foia/EPIC-NSA-USSID-18-and-Dome...
and of course, not more than a few years later we have these reports:
https://www.eff.org/pages/calea-faq
https://arstechnica.com/tech-policy/2008/12/behind-the-legal...
It was never a wing nut conspiracy theory. Its just nobody was looking close enough to care.