My comment was specifically with regard to the NSA, as is the topic of this article.
Certainly the NSA should be concerned with laws, and laws should be sufficient.
I also don't get the idea of "some privacy". It seems to me along the lines of "somewhat pregnant". But, you (and many others) are advocating an approach that says, "let's untether our government from even the pretense of adherence to any laws, allow them to attack us with impunity, and simply do the best we can with what we have to fend them off".
If I were of the lying, obfuscating NSA-worker ilk, what you are advocating is exactly the response that would make me salivate.
I know that many people have this romanticized notion that we will do tech battle against our government and win, but we simply won't. If years of battling virus writers, rootkits, and zero days have taught us nothing, it should have taught us that a determined adversary will own us. Add to that unlimited resources and claimed legal authority to compel cooperation from tech/infrastructure providers.
You really want to unleash the lying, obfuscating NSA and trust that your open-source encryption and ciphers won't be cracked, that your full software and hardware stacks have not been compromised, and that the same is true for everyone with whom you communicate, etc., then patch things up and try again if and when you are made aware of a compromise? Sorry, friend. That's a losing proposition.