http://www.smbc-comics.com/?id=2849
Not sure I like that argument. I'll agree about the end result (selective enforcement), but "benign breaking of laws and taboo" sounds... well the issue is that the law and/or taboo is dumb. If you can benignly break a law or taboo, that law or taboo shouldn't exist (or be modified for the benign exceptions). That's the root issue there.
I agree with you, but I'm also of the opinion that the law can never, ever be otherwise.
First, because people will always have prejudices and they will always work their way into law. Just look at how homosexuality has been a legal issue throughout history. It's a perfect example of how taboo breaking can be benign and deserves privacy.
Second, because I think it's completely impossible for the law to ever be sufficiently modified to include all benign exceptions. It would have to reach such a magnitude of bloat in order to describe the handling of every possible circumstance in relation to every possible crime that it would be completely impossible to work with. This is why we have judges, isn't it? But any lack of specificity opens the door to selective enforcement.
But I think as applies to law, the emphasis is on selective enforcement, not law-breaking being benign. And I don't think I need to describe how rampantly the law favors certain people over others, or how surveillance can be used to amplify that problem even further. And I don't think it's possible to ever operate otherwise, so long as human beings are tasked with execution of the law.