You have to show proof that you've been harmed in some way. Unfortunately, and via circular logic inanity, because the "harm" that is befallen you is unknown to you, you don't have the ability to prove harm. Someone with more legalese skills could put it better than I but that's essentially the gist of it.
It doesn't need to be through the logical inanity, surveillance by itself is benign. If you choose to self-censor your online activities because you worry about surveillance then that would be your prerogative (the government didn't force you to change your expression of opinion to something less politically sensitive).
The inanity you're referring to is this: surveillance of the communications of any individual American would reveal that all Americans are under regular surveillance. It's not really as inane as you think, however that doesn't make it any less ridiculous.
