The only reason any of this is an issue is simply because the Legislature let the old laws lapse into obsolescence after the telecoms ditched analog switching. The courts can find and whatever, but they can only judge the laws as they stand. The telecoms warned law enforcement way back when that the system to which they were switching would not allow traditional—and literal—wire taps; the lawmakers did nothing.

And there aren't any laws, not anymore. The old ones got trumped by new tech. That's what needs to be addressed, not which court says what.