You see a status quo where neither major party cares about electronic privacy. Is it because there is a vast conspiracy between media and government to only present these two viewpoints? Is it because huge amounts of money go into getting people to support NSA surveillance? Or is it because opposing NSA surveillance is not an issue that reliably yields votes?
Which voting bloc can you capture by supporting the scaling back of NSA surveillance? Angry nerds? Not a big demographic. If your issue doesn't get old people, blacks and hispanics, religious conservatives, teachers, union workers, small business owners, or one of the other big demographics like that to go out and vote based solely on that issue, then there is not enough votes in that issue for any politician to care about it.
And the thing is, that's arguably how democracy should work. Why should politicians in a democracy cater to the pet issues of an ideological minority?
From a human and Constitutional rights point of view, they have an obligation to respect the views of those ideological minorities when their main agenda is defending their rights (right to privacy, free speech, or whatever it may be). A pure democratic system is little more than a (usually peaceful) mob rule, but in a representative democracy there is at least the expectation that elected representatives, by virtue of being middlemen between the people and the laws that govern them, as well as only having to risk their job every few years, will be able to reflect on more than what the majority wants at the present moment.
However, if your point was made more from the perspective of maintaining power and control, then I don't disagree with you.
Ideological minorities don't get to make up "rights" and then demand the government defend them. The government has the obligation to defend free speech rights, even against the wishes of the majority, because there is ancient recognition of that right along with explicit adoption of a broad statement of that right in the Constitution.
But, there is no such thing when it comes to "privacy". See: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightof... ("The U. S. Constitution contains no express right to privacy. The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information.")
There is nothing in the Constitution that says "you have a right to privacy", and it's really very difficult to extend one of the explicit provisions to get you to something that would prohibit the government's collection of information that you voluntarily put "out in the world" by giving it to entities like Google or Facebook, or information (like call records) that aren't even yours but rather information about you gathered by a private company. You have to resort to something worse than Griswald's "penumbras" to get from the 4th amendment, which concerns the sanctity of one's house and physical person, to such a broad privacy "right."
There's not even intellectual consensus on the issue. Academics disagree vigorously about the appropriate level of "privacy rights" and foreign liberal democracies often collect as much or more information than the U.S. does.
As an example, you have the right to criticize your employer (freedom of speech). For obvious reasons, this right is best exercised in private, where the employer cannot overhear the conversation. If the employer operated a massive surveilance network that recorded your supposedly private conversations, you could then suffer punitive consequences and be denied career opportunities merely for voicing an opinion.
You have a legal right to an attorney, but that right is only useful because your discussions with your attorney are confidential. Without that privacy, the whole value of the right simply evaporates.
My view is that the right to privacy is such an obvious prerequisite for most, if not all, of our legal rights to have any value that it shouldn't need to be explicitly detailed in the Constitution or in any specific law. Furthermore, the world the Founders lived in was a world in which privacy was easy to safeguard, and the few obvious ways to violate it (e.g. unreasonable searches and seizures) were addressed by the Bill of Rights.
I don't disagree that privacy in some meaningful sense is a human right. I disagree that a "privacy" right that is broad enough to encompass information about me collected by a private company based on my voluntary use of its service (i.e. phone call records) rises to the level of human right. To me, that's instead a matter of balancing of competing interests to be handled through the democratic process. When I think of privacy being a "human right" I'm thinking more of the government not invading the sanctity of your home, not how it can access information you already freely share with others.
Sure they do; their right to make such demands is fairly explicit in the First Amendment (both the right to assemble and the right to petition apply to it.)
Now, the answer to the demand may be "No", but that's a different issue.
The 10th amendment just says that a right need not be enumerated in the Constitution to exist. However, you still have to prove that such a right exists, say by pointing to its recognition in English common law. Just because it isn't mentioned in the Constitution doesn't mean it doesn't exist, but it also doesn't mean that it exists and is just "implicit." The idea that communications are protected by a broad "privacy right" that protects even information you share with others just can't be traced back to something the founders would have understood to be a "right" much less something so fundamental that they might leave it implicit.
