May be encryption can be declared as a right to privacy and then this issue will be gone for good.
1A: "Congress shall make no law...abridging the freedom of speech, or of the press."
4A: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."