We need all of the above, because it's too easy for the political winds to change and modify the laws to enable mass surveillance with a flip of a switch. It needs to be both illegal and technically hard to surveil people without their knowledge.
As a Brit I hope Americans understand just how amazing the first amendment is. Here in the UK (and Europe) surveillance can be used to criminalise us for things we say in private. At least in the US this kind of thing is much harder for the government to do.
I don't know about UK, but everything in the U.S constitution's first amendment is most definitely also in Estonia. I would pretty confidently say also most of EU, probably. They are pretty basic things.
