The fact that we need to have new laws to make it required to get a warrant for some new way to find out about you and track you and invade your privacy is the real problem.
The rights not written, etc.
The real issue is that the laws are too specific. We keep either needing high courts to rule that the original
intention was to prevent X from happening, or to get the legislature to pass a new laws specifically stating that X shouldn't happen.
There needs to be a broad, stated right that law enforcement needs warrants to intercept communications. All exceptions must be passed as laws, and therefore must have justifications. It also helps when fighting said laws that you can point to the rights we have that are being taken away.