Re: You can read my SMSs but you can take my WhatsApps from my cold dead hands
The difference is that Google, Facebook, etc can't throw you in jail for that torrent you downloaded 3 years ago, or that time you texted while driving. The analogy between the way people used SMS and the way they use modern day technology (such as WhatsApp) is incredibly dull.
On the other end of the spectrum, one could ponder what implications the law would have were a mind reading device to be invented. Realistically, our technological capabilities are somewhere in between SMS and a mind reading device, perhaps more-so on the SMS side but only time will tell.
Using SMS and phone calls as a reason to be able to use any and all technology as a bugging/trojan device should have outlived its use for anyone giving serious intellectual thought to the issue about 5 years ago.