This is a straw man argument. You present the solutions as if there are no other options. The real problem with No 3 is that it fundamentally changes democratic freedoms in a way that makes it very easy to slip into a dictatorship. When those with the reigns of power have the ability to silence its critics then it is only a matter of time before they are abused. I agree that this is a hard problem to solve, but if your number 3 is the route to follow then a further step is needed. In order to maintain democratic freedom the powers granted to the state to monitor it's citizens then the same power needs to be granted to the citizens to monitor and change the state. If the state needs to monitor us to such a degree without needing to go through the courts then we should be able to monitor the agents of government to the same degree.