In the US we have a balance of power that few people understand. We have an executive, a legislative, a judicial, and the fourth equal power which is the public and all have a defined limit to their powers. That is an upward limit as well as a downward limit. So the public is restrained by the Constitution just like any other part of the balance of powers. Electronic communications are new and unforeseen in our founders' eyes. Yet there should be no assumption at all that the public must yield some of their share of powers at all simply because something new comes along. In essence if the executive, the legislative, or the judicial system are not wide open to communications then the public has the right to privacy just as much as any branch or even the military or CIA has any right to secured communications. Or the government has the option to make all communications and data acquisition open to all of us without exception. The practical aspects of such a thing should not be a factor in a court ruling. Essentially the constitution is what it is and that could even include it being a mutual suicide pact. If a practical solution type of society was our goal we would be tossing people in the ovens and slaughtering anyone who made ripples in the pond or was to weak to supply all of their own needs. If little Johny shows up at the emergency room with a broken spine we try to do the best we can for little Johny. In a practical society we would simply shoot Johny in the head and toss his body in the city dump or use his corpse to feed the pigs. In other words you really do not want to live in a practical society as you just might be Johny one day.