Not a new debate I am afraid. Yes the law is behind technology, but has not law always been behind innovation? The question is more likely: can the law adapt to innovations or can it not requiring then new legislation to be enacted? The question is particularly crucial for criminal law as the key principle is that of non-retroactivity.
"Australian High Court Judge Recognizes That Technology Outpaces The Law" (22 February 2008)http://www.techdirt.com/articles/20080222/153544324.shtml