(Moderator, please feel free to rule this out of order, if it is.)

[8] Second, and more importantly, the government's argument, distilled
to its essence, suggests that even one drop of "direct functionality"
overwhelms any constitutional protecions that expression might
otherwise enjoy. This cannot be so.(16)
 ----------------
(16) If it were, we would have expected the Supreme Court to start and
end its analysis of David Paul O'Brien's burning of his draft card with
an inquiry into whether he was kept warm by the ensuing flames.


[ ... ]

Whether we are surveilled by our government, by criminals, or by our
neighbors, it is fair to say that never has our ability to shield our
affairs from prying eyes been at such a low ebb. The availability and
use of secure encryption may offer an opportunity to reclaim some
portion of the privacy we have lost.  Government efforts to control
encryption thus may well implicate not only the First Amendment rights
of cryptographers intent on pushing the boundaries of their science,
but also the constitutional rights of each of us as potential
recipients of encryption's bounty. Viewed from this perspective, the
government's efforts to retard progress in cryptography may implicate
the Fourth Amendment, as well as the right to speak anonymously, [...],
the right against compelled speech, [...], and the right to
informational privacy [...].

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