[post_meridiem]

The problem is that in the U.S., we don't have a fundamental right to privacy. Constitutional guarantees of privacy are either specific (e.g., to practice religion) or indirect (e.g., search/seizure).

But I do agree that it should be a more broadly defined fundamental right.

[DarkKomunalec]

In addition to the 1st amendment problems of banning certain kinds of code, I think forcing encryption to have a backdoor could be construed as part of a search, and so run afoul of the 4th amendment. Who knows what the courts might say though - I wonder if there's any precedent...

[post_meridiem]

The 4th does state that it is "The right of the people to be secure in their [...] papers [...]." I'd love to witness a judicial argument that seeks to extend this to code/binary 'goods.'