I think problem here is one of trying to limit the "pre-crime" instead of the crime itself. We have a problem with companies using mass data surveillance to keep track of the movements, generally of large amounts of people. Trying to stop this by creating laws that prevent taking pictures is almost doomed to fail.

Along the same lines, if an office follows someone (they believe might be related to a crime, etc) around town to track their whereabouts, that seems within reason. If the police force (using advances in technology) tracks the whereabouts of all people at all times, it's unreasonable. It's the same thing, just at a different scale.

We need to find an effective way to allow the "components" of something that isn't allowed, without allowing the thing itself.