I'd never considered that set of circumstances before. The politicians who voted it into law probably didn't consider it either.
And that's exactly the problem: we have layer upon layer of vague and badly-written legislation, which ends up creating terrifying loopholes like the one described above.
My tinfoil hat paranoia is not quite at the level of thinking they're doing it on purpose (although I wonder sometimes).
But it's easy to see that indiscriminate surveillance combined with these vague laws create a situation where anyone could be victimised by the authorities. It's a totalitarian dictator's dream.