That actually isn't the point. No one is saying it's illegal. They're saying it's creepy that the government has a database of your physical whereabouts that they can store and search through for all time.

Of course, the "rules" have indeed changed. It's pedantic to the point of ignorance to only consider laws and reject the context in which those laws were made (pre-wifi-enabled-streetcorner-cameras). The words on paper might not change, but a rule effectively changes when the environment changes around it. Consider also: every other legal issue that intersects with technology.