Earlier quoted context omitted.
First of all, I'm not one of these big-L Libertarian theorists, but I'm still baffled by "Nobody has a right to private criminality." That's exactly what the 4th is meant to draw a line around: If you can't detect the crime without building a pervasive surveillance state, it probably shouldn't be a crime and we're going to make it hard to detect and prosecute. "Private criminality" is an oxymoron. Making abortion ill…
If you can't detect the crime without building a pervasive surveillance state, it probably shouldn't be a crime and we're going to make it hard to detect and prosecute This makes no sense to me at all. It is, for instance, incredibly difficult to track and prosecute child pornographers.
Are you referring to the buy-side of CP? Yes, that's hard. But those are also the low-value targets. They would mostly get rolled-up once a producer of CP is caught, no?