According to what legal ruling is encryption a 'right'?
Where in the constitution have the citizens been granted the right to unbreakable encryption?
If flows from the precept of security of persons and papers, and specifically the latter. The unreasonable execution of attachment the effects of a person was mitigated by said effects' uniqueness and destructibility; if you were convinced that a LE agency is going to trample your rights by executing an unlawful search and didn't want to risk relying on having a prosecutor that actually cares about admissibility or jury nullifcation, you can destroy your effects to protect your interests and be reasonably certain that no copies exist without your knowledge. Where dealing with digital effects of a person, neither uniqueness or destructability can reasonably be maintained in se, since duplication and transmission of digital data without the owner's knowledge and consent is rudimentary. As such, the use of encryption to ensure the destructibility (through obfuscation and loss) logically follows, even it has not been argued or affirmed so in legal precedent.
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