Now here's where you're crossing into my territory. That's not settled law. If you believe it is, then you're just wrong.
The reality is that the internet shares features of the public and private domain, and we're in a state of flux. Different courts in the US have come out different ways on the seizability of data transmissions and court machinery lags behind technological changes. Many cases on the issue, for example, talk about it in terms of pen registers because the internet was more closely tied to the traditional phone system at the time the cases were decided. The farther we drift from that access model, the more the analogy breaks down. Many of the relevant laws were originally drafted in the late 1960s and 1970s, making application of them to the internet pretty difficult.
The assertion that freedom from "deep packet inspection" is some kind of human right is frankly a little bizarre. It wouldn't even have been cognizable as a right of any kind 20 years ago, much less a fundamental one. It's also weird that you guys are going crazy over ACTA but I don't remember anything on this board predicting the sky would fall during the Carnivore or CALEA days. Much of the push seems to have been taken care of there that you all are both so concerned about.