"Encryption is Not a Crime"

(I wrote this in agreement with this post by Sean Bonner, but I couldn't get it to post) The decision by the judge in this case is a simple misunderstanding of technology. By saying that, I'm in no way justifying the courts decision. Unfortunately, when the courts have no understanding of technology (such as in cases of P2P) the ability to innovate and our rights will suffer. From a criminal justice perspective, the failure of the courts to understand emerging technologies and to create reasonably policing strategies (and not fear them) will continue to harm our constitutional protections in regards to Search and Seizure. I can perfectly understand laws that prevent electronic trespass (even that definition is a bit sketchy at times) but the presence of encryption software should not be a sign of malicious intent. Maybe someone should go prosecute the Pentagon and some Fortune 500 companies because they use encryption to protect national and corporate information? Even a simple Google search on PGP and Law showed various websites on how attorneys use PGP to encrypt private communications to safeguard Attorney-Client communications. P.S: I'm in no way related to the Appeals Judge in the ruling, no one in my family is that illiterate in Tech.