>And ultimately, that’s the problem: A Congress that has failed to keep pace with the times, not prosecutors aggressively using new technological tools.

The title is a bit confusing as the article really hits the problem area, congress.

At least in my curious amateur tech legal guy reading the news role I do feel like we're seeing judges recognizing that "If we allow X, Y constitutional right really doesn't matter anymore....".

Things like the third party doctrine in the US is not aging well and has been passed by with technology raising questions about if there is any expectation of privacy, anywhere.

You can be entirely off the gird and be a mountain man, but the moment someone decides to note something about you on you're phone, it's out there.