That's fair - and anyway nowadays even the interpretation of the constitution has never been more open.
A problem with laws is that there are so many to choose from and they are so narrow. See for example the video rental records law. An extremely narrow law that ignores the broader issue entirely (and which penalty is not even scaled for inflation). Same for credit reporting. Or for HIPAA.
General principle is needed and we are not likely to get that from laws. And in the US that's not what laws are for. Generally. So the 4th amendment could be touched up to correct the fact that it was written when "online", "data", computers did not exist - and metadata was thin enough to not matter too much, and "privacy" was or was not the point and was unclear of a concept. Fixing the 4th would establish the principle that yes, now digital matters and privacy matters and must be included in the 4th. Otherwise we remain in the situation where it's easy to argue that it's not part of the 4th.
A problem with laws is that there are so many to choose from and they are so narrow. See for example the video rental records law. An extremely narrow law that ignores the broader issue entirely (and which penalty is not even scaled for inflation). Same for credit reporting. Or for HIPAA.
General principle is needed and we are not likely to get that from laws. And in the US that's not what laws are for. Generally. So the 4th amendment could be touched up to correct the fact that it was written when "online", "data", computers did not exist - and metadata was thin enough to not matter too much, and "privacy" was or was not the point and was unclear of a concept. Fixing the 4th would establish the principle that yes, now digital matters and privacy matters and must be included in the 4th. Otherwise we remain in the situation where it's easy to argue that it's not part of the 4th.