It doesn't need to be through the logical inanity, surveillance by itself is benign. If you choose to self-censor your online activities because you worry about surveillance then that would be your prerogative (the government didn't force you to change your expression of opinion to something less politically sensitive).

The inanity you're referring to is this: surveillance of the communications of any individual American would reveal that all Americans are under regular surveillance. It's not really as inane as you think, however that doesn't make it any less ridiculous.

But if that is the case then record companies shouldn't be able to sue people who download their content no?