(Corollary: By the time you have written laws it's already too late.)
This ties in to why I think ubiquitous surveillance systems will actually work, provided they're self-reflexive to prevent their own abuse. Secrecy is becoming exponentially more expensive. Economics and technology ensure that the surveillance systems only get better and more pervasive. So the cost/benefit ratio of "cooperation vs. defection" will be skewed towards being a "good citizen", eh? What if the Total Information Awareness systems are their own cure?