> but they don’t feel the same way about public benefits or rights associated with other technology that is being replaced
When the government creates a law within recorded history — something like a wiretapping law — then the spirit of the law is well-known at time of creation. Usually, that "spirit" is that it's created to explicitly grant a capability to the government to do a thing for the benefit of the public under a certain circumstance. So if technology changes, the spirit that the original law was defined under is expected to be upheld by the court when interpreting the law to suit cases outside its original scope.
The problem with "legacy" common law — things like "being able to transact anonymously using cash" — is that there is no clear "institutional memory" of the spirit that created the law. The people who invented "using gold coins as a common exchange for barter" weren't thinking about anonymity — and so it's not clear whether anonymity is a necessary or desirable part of the spirit of cash transactions, something the public would desire to be preserved in a replacement system; or whether it's just an "implementation detail" of the way cash happened to need to work given technology, something that would make no sense to port over to the new system.
When the government creates a law within recorded history — something like a wiretapping law — then the spirit of the law is well-known at time of creation. Usually, that "spirit" is that it's created to explicitly grant a capability to the government to do a thing for the benefit of the public under a certain circumstance. So if technology changes, the spirit that the original law was defined under is expected to be upheld by the court when interpreting the law to suit cases outside its original scope.
The problem with "legacy" common law — things like "being able to transact anonymously using cash" — is that there is no clear "institutional memory" of the spirit that created the law. The people who invented "using gold coins as a common exchange for barter" weren't thinking about anonymity — and so it's not clear whether anonymity is a necessary or desirable part of the spirit of cash transactions, something the public would desire to be preserved in a replacement system; or whether it's just an "implementation detail" of the way cash happened to need to work given technology, something that would make no sense to port over to the new system.