Replace X with basically anything.
When not only the criminals have X, then X is not illegal.
I think your grand unifying theory needs more nuance.
(EDIT: Previously said "making something illegal", which I realised was ambiguous.)
Obviously banning encryption is ridiculous, but the "Only criminals will have X" argument is just silly rhetoric.
EDIT: I just noticed the ambiguity you're more likely responding to in my original post. I'll reword it.