"While I oppose things like encryption backdoors, I think it's disingenuous to say this is a "fake crisis." The 4th amendment has always required balancing security and privacy--that's why the distinction between "unreasonable searches" and reasonable ones appears right there in the text."
That would be mildly interesting - if this were a 4th amendment issue. It's not.
It is a first amendment issue. If I choose to communicate with you with a (seemingly) random stream of numbers, that is protected by the 1A of the Bill of Rights. Just like a KKK rally.[1] Just like burning a cross.[2] Just like Piss Christ.[3]
I often wonder whether this is, in fact, a 2nd amendment issue. Consider: until very recently encryption technologies were considered a banned export ( armaments ).
That would be mildly interesting - if this were a 4th amendment issue. It's not.
It is a first amendment issue. If I choose to communicate with you with a (seemingly) random stream of numbers, that is protected by the 1A of the Bill of Rights. Just like a KKK rally.[1] Just like burning a cross.[2] Just like Piss Christ.[3]
[1] https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
[2] https://en.wikipedia.org/wiki/Virginia_v._Black
[3] https://en.wikipedia.org/wiki/Piss_Christ