Enumerated rights.
Spying on domestic communication, over public airwaves, is hardly something new to the patriot act. No knock warrants predate it as well.
The fourth amendment IS an enumerated right. My wifi signal and phone lines are NOT public domain. Domestic spying may have existed previously but the patriot act gave it an air of "legitimacy" and now people who love their Constitution are excusing it and compromising their own rights. Remember what Franklin said about sacrificing liberty for safety? 3 day waiting periods for firearms predate the patriot act also, why dont we just add that on as extra precaution?