In the case of the laws discussed in this article, the FBI can gain access to the logs of one's ISP (or VPN provider) without a warrant. So they can trace a suspect's TCP traffic without any duty to notify anyone they're doing so.
Some things I would be expecting them to log are DNS requests, DHCP leases, and access to ISP sites.
And then you can route through Tor, I2P, Orchid or Lokinet. For any of those, getting logs from enough nodes to figure out browsing history would be nontrivial.
I suppose you could then be charged with "evasion" or whatever. If we get to that, it's time for a rootkit/botnet that spreads like WannaCry, and communicates via covert channels. Everyone will be running it, because it spreads so aggressively, and anyone who wants can use it, without leaving any traces.
Edit: spelling
This reminds me of 90s era cypherpunk optimism. If recent history teaches us anything, it is that surveillance wins the cat and mouse game.
There is no technical solution. We have to work through the legislature. That means convincing people that this apparatus is a threat to middle class professionals, not just "information activists" or whatever.
The abundance of throwaway accounts on this thread is a testament to the chilling effect these policies have.
Privacy is a losing frame. We need new ideas.
Disclaimer: I work for Private Internet Access.
[1]https://torrentfreak.com/private-internet-access-no-logging-... [2] https://www.technadu.com/private-internet-access-wins-agains...