I guess I would look at this:

>evolution of the law (which involves creating new portions of the law to cover previously created portions which are considered lacking)

And argue that electronic privacy vis-a-vis wiretapping laws is creating a new portion of the law to cover previously created portions which are considered lacking. We can quibble about definitions, but that strikes me as very much in the area of "evolution".

I think defining "evolution" and "create" are the real sticking points in this argument. That get's down to splitting hairs. Though I will say that I do believe that everyone in this thread does have sound arguments given their definition of those two words.