That's true. But here there is no evidence. What the FBI wants does not exist.
Yeah, the matter of the writ is different, it’s very deep though IMO. Courts have inherent powers but they’re limited by law and usage.
IMO law will have to require the ability to open encryption without the cooperation of the owner.
With strong encryption how does the court access the data in an investigation of the owner’s death or say for administrative purposes such as executing a will, when the owner isn’t even alive to open it?
Yeah, it’s the owner’s fault for not keeping the password stored safely somewhere but it’s a very common human fault.
But, obviously there’s a lot to consider.