Indeed, I have searched both the constitution and my collected works of Nietzsche and found no reference to the inalienable right of governments to listen in on any conversations, let alone the 1% of conversations the FBI wants access to.
Nietzsche is not a recognised authority on the US consititution nor are his works on ethical systems particularly definitive. At best he points out the deficencies in the ethical systems of Kant and hints at a limitation of reasoned approaches to ethics. His ethics of Will are hardly a fully finished system of ethics. If you want a contemporary system of ethics you would find Rorty, Habbermass or Singer a far better choice. Even within the Nietzschian system of ethics it is very clear that listening in on the telephone conversations of "the botched and the bungled" would lie well within the rights of super-man. Indeed he is very explicit that there is no logical need for these people to have rights of any sort. Their lives are at the disposal of the great leader. The justification the NSA relies upon is the fact of a Federal law that makes it lawful to conduct wiretaps. I think the FBI have gone off into gaga land with the magnitude of their request. This is a good thing. They are not likely to get anything as a result. Phill