I think that is the big issue we will see and have seen recently.
Surveillance tools are better than ever in history. Many times, laws were created as deterrents to some behavior, that maybe shouldn't be laws, because it wasn't easy to nab everyone doing it. Back then cops, judges and more weren't as locked into forced outcomes i.e. three strikes, mandatory minimums etc and there was more humanity in corrections at that level.
Now that we have surveillance at this level and going up, we need to remove the criminalization of certain things otherwise everyone will be locked up.
Moral laws or making illegal non-violent/no civil violations actions will not work in mass surveillance, only laws that are violent and infringe on civil rights of others should remain.
An example might be the criminalization of drugs or old laws on the books. If we had arrested everyone that used cannabis half the country at least would have a record.
With surveillance this high and going up, we MUST decriminalize and re-evaluate every law. The problem is our 'corrections' and law enforcement, is that both have turned predatory along with the advancements in technology that have been used to erode privacy.