1. They have a great deal of trouble doing anything right now. This will blow over before that changes. 2. This is pretty much a solved problem as far as they're concerned. Congress tends to tack "solutions" on top of "solutions". They rarely refactor.

gist of what he's saying is as wrong

Unless Congress changes things, what he said is exactly correct. Within that context, he's right. Maybe you're arguing that he has the wrong context, but I'd argue that we should probably assume that congress isn't going to change those particular rules of the game at this point.

Lack of simplicity in law is a serious problem, but not the main one, at least in this case. The problem is that laws increase the arbitrary powers of government, and rarely if every restrict them.

In most cases, such as the patriot act, they will simply find that vaguest provision and interpret it in the broadest way possible, And, in this case, that interpretation is also secret. The rest of the text is basically filler.