The intent of this new ruling by the Supreme Court is for anonymous networks but, when doing forensics on a wire in such a manner as to present to a judge, you can't tell what's inside those packets. Also, an encryption session from the peer to peer client WASTE has a 256 encryption key in the header and that is it. WASTE would certainly fall under the criteria under the new ruling BUT, as soon as you class WASTE into the mix, a regular credit card purchase fits like a glove too!
The part that sucks:
A magistrate judge ... has authority to issue a warrant to use remote access to search electronic storage … if: (A) the district where the media or information is located has been concealed through technological means;
What's to prevent cops from busting down your door for making a credit card purchase?
UPDATE response: So, one dirty movie/copy write protection violation on Frostwire and a connection to Tor, and I'm gonna be looking down the barrel of a few M-16s?
In theory, the FBI could be after Bob but have the 'wrong address', like what happens so many times today. They perform a packet capture at the ISP and look for what they consider dirty traffic but could easily be some other form of encrypted service, and end up raiding Mary's house because she was running encrypted traffic (such as a credit card purchase) on a non-standard port to her servers. RPC servers do this all the time (send encrypted credit card purchase data on a nonstandard port).