Our past laws and conventions — such as the third party doctrine — have not yet caught up to the digital age, and if due process has been preserved it’s because of strenuous and constant pushback from civil rights advocates, against far smaller proposals than a vast always-on surveillance apparatus
Due process was looking pretty anemic if you were black or left-wing in the 50s and 60s.
Due process looks pretty anemic if you're black today.
I'd say it looks anemic even if you're a middle class, middle aged white male. It's weaker if you're young, or black, or brown, or female. It's damn near dead if you're a young black male or appear vaguely Arabic.
You can even be rich and politically affluent. I mean, this was "due process", warrants and everything: