This is something to be precise about. You won't find language in the USA PATRIOT Act that tells businesses they may not provide privacy and security tools for their customers. Similarly, CALEA requires access to carriers' networks and equipment providers must support "lawful intercept" of a certain percentage of traffic, but there is nothing that would prevent networks from providing easy tools for end to end encryption and web-of-trust.

The fact that nobody is doing that is a kind of probe. Do we really live in a free country, or is pervasive monitoring a condition being imposed on us, with no choice of services that would prevent it?