Historical foundation:

"Ways may some day be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home.... Can it be that the Constitution affords no protection against such invasions of individual security?"

Olmstead v. United States, 277 U.S. 438, 467 (1928) (Brandeis, J., dissenting)

Modern response:

It would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology.... Where, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a “search” and is presumptively unreasonable without a warrant. "

Kyllo v. United States. 533 U.S. 27 (2001) (Scalia, J.)

"[T]he law must advance with the technology to ensure the continued vitality of the Fourth Amendment

Electronic Communications Privacy Act legislative history, Senate Report, p.5