Your example: the next person we hand our phone to. Describes deliberate, consensual, sharing with intent etc. This is weak. And beside the point. Its irrelevant. Also: (1) Telecommunications networks are closed networks. They are not "broadcast media". On mobile, they are encrypted. That's why there are warrants required. There is an inbuilt expectation of privacy. SMS transmit in the header information of private lines. This isn't really a debating point. (2) Judges should not write laws... They don't. Democratically eleceted legislators pass laws, that are signed by a similarly elected executive. Subject to constraints of the constitution, and judicial review &tc.
