[andrewcooke]

all i'm saying is that you can't say a right cannot exist because it lets bad things happen.

in this case, there may be a right to silence. i don't know (i am not american) if that "really is" a right. but if it is a right then it exists even if it allows, say, a paedophile to escape justice (through remaining silent). it's not nice, but it's the price you pay to help guarantee freedom.

[edit: it's perhaps worth adding that you could make rights more complicated. you could say that there is (or should be) a "right to silence except when it's a password", for example. there's no prima facie reason why rights should be simple. but there is a strong practical reason why rights should be simple: they need to be simple so that they are easy to understand, easy to defend, and easy to use. again, this is because rights - real rights - are critical, might-be-needed-to-save-the-world things. and that is also why there should only be a few of them.]

[djackson]

This case is not about rights, it's about a specific entity, the Department of Justice of the United States of America, having a specific investigative power, namely, that they don't have to keep a horde of expensive consultants on retainer to decrypt people's boring, completely legally irrelevant documents. On the off-chance that they lose that power, they'll still get whatever it is they want from your laptop, it'll just take longer and cost more.

Nobody is revising the Bill of Rights, the Fourth or Fifth Amendments.