I think the author is possibly alluding to the fact that gay rights are frequently referenced as an historic example of how the ability to break the law is important to a society's ability to adjust it's cultural norms and make way for change. Sodomy was illegal until quite recently, but if that could have been enforced (as a dragnet allows), we might not be where we are today, because people couldn't test the limits of laws we came to view as unjust :)