https://www.blankenship.io/essays/2020-07-13/
Doesn’t justify what they were doing, or make it legal, but it’s an important distinction when trying to reason about government surveillance programs.
What? Why? The natural continuation of "Wait a minute, isn't that blatantly illegal?" is "We're going to sue you to make you stop."
What you are describing are successful attempts to subvert the law, avoid letting know they are subverting the law, and carefully crafted legal defenses in case they have to fight the real law’s enforcement.
That isn’t remotely what trying to follow the law looks like. It shows no respect for what the writers of the laws meant or the law’s purpose.
It shows no good faith attempts to firewall legal interpretation from parties interested in stretching the law. Blatant legal corruption used as a standard process.
It demonstrates no honest or genuine curiosity for collaborating on legal interpretations with other relevant constituencies.
Relevant constituencies for good faith legal interpretation include the law’s writers, the legislatures who passed the law, the courts who are ground truth for interpretation, a wider audience of constitutional experts in the executive branch beyond limited specific lawyers chosen to stretch the law, or citizens.
A revolting citizenry can be potentially dangerous than a citizenry that is endlessly bickering amongst each other about the 'law'.