I frankly don't understand why those laws aren't just as open to change as laws regarding encryption. I feel like a false dichotomy is being presented. Again though, I feel like you might be arguing more of the practical/pragmatic point than the idealistic one.
I'd also say depending upon where you're talking, and what exact situation is under discussion, funding is still an appropriate point. I know you bring up resources often in these discussions, especially in terms of the police (formerly) being limited to man hours, making them more judicially choose who to tail, instead of just tracking them with a GPS device on their car, or cell phone habits, etc. However, we can still defund the ability for them to do so, and we can even explicitly fund police departments limiting their use of such tactics. And on the national scale, with the NSA and bulk collection, we can simply not fund their huge data centers. All the douchy cops and rubber-stamp judges couldn't do anything about that.
And what I think is intersting, is that personal choice still has a lot to do with these invasions. I still think you invite yourself to such problems when you keep that cell phone on you, use the internet or any electronic device. It's not the police or authorities fault that all that information is nicely kept and traceable, it's a problem of the technologies. And the authorities, being what they are, can't help but want to get their hands on it. If people want to be more anonymous, they can be. Hard to hide a tracking device on a bicycle, or to track you if you take public transportation. Hard to track your movements via cell phone information if you don't have a cell phone on you. While I think the government has gone way too far in a lot of area's, I don't think the American public should be completely let off the hook for the role they play in seeding the soil for everything that happens.