Encryption is not a crime, encryption protects all of us. Encryption, and especially end-to-end encryption, is an essential tool to protect everyone online. Attempts to undermine encryption are an attack to our fundamental right to privacy and an attack to our inherent right to security and safety.
Encryption is like a lock, it has keys. Its like saying "All of you should provide a print of all your keys used in your home to the police, else how would we know you are not hiding a body in there?"
It’s definitely not integral. You could just control the connection points. Ie, all your software tools on intranet and wired connection only. Any data can be decrypted.
I think it’s contextual. It is definitely relevant to bring into a criminal case that criminals made attempts to obstruct gathering of evidence in commission of the crime. It’s no different than shredding or burning paper files. Evidence of criminals taking steps to hide the criminal activity is how you prove that a transgression is willful rather than negligent. That matters in cases like murder.
Encryption is also criminal in some contexts, like encrypted radio broadcasts on frequencies for public use.
It definitely belongs as a talking point in a courtroom, imo.
With respect, this is a short-sighted take. There's literally no legitimate crime that is made worse because a person tried to avoid it being detected. Plot a murder over tor? Not a good look. But in what universe is someone less morally culpable because they just posted on craigslist?
On the other hand, allowing the use of encryption or other privacy methods to affect the criminality or punishment assigned to an action just creates a backdoor to criminalizing privacy itself. Allowing that serves no real purpose in deterring folks from hurting others, but it sure does further the interests of an oppressive or authoritarian regime.