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The problem with banning all private encryption in all circumstances is that it leaves civilians vulnerable to the insider like Ortis. People need secrecy to fight conspiracy. A finer grained solution is needed.
It should cost something to breach encryption, the cost of obtaining a warrant based on probable cause for instance. Katz vs US held you can't eavesdrop without a reason as shown by warrant.
The real protection of secrecy should repose in property rights and the 4th. Encryption is a cost hurdle, necessary but insufficient absent a legal framework.
