Well, the Supreme Court is the fallback method. In reality, Congress is the branch that's supposed to say, "whoa, that new technology opens some new questions

Well, the Supreme Court is the fallback method. In reality, Congress is the branch that's supposed to say, "whoa, that new technology opens some new questions about privacy and such, let's pass a law clarifying the situation". But, in practice, our fallback method appears to be resorted to at least as often as the intended method.