Everything can be justified by national security. You can't try and block something with "an end-less series of law suites" if the defending party doesn't even need to provide any kind of proof. "Why are we MTiMing HTTPS? This is un-constitutional! -- Because internet is a threat to national security which in turn has higher priority than your rights, Citizen!. Everything else is classified and will be discussed in a closed court." Take a wild guess what that court is going to decide...