This doesn't seem to be a particularly convincing poster child case for this-- the guy's dead. The act doesn't seem to involve anything beyond a malicious spirit, one the Federal government already knows all about. If the FBI is seriously proposing that this is something that wouldn't have occurred without network encryption, I think they're going to have to make an impossible case.

They should also consider that they have a duty to help business maintain their security, and if network services, encryption protocols, or implementations are compromised, even when intended just for "lawful authority," the history seems to suggest outside others will frequently discover and exploit it, creating opportunity for crime where none should exist. For a network security professional, it's degrading. For a consumer, it's potentially disastrous.

You know as well as we do this is an ATF issue of sorts, certainly not grounds for abridging our sacrosanct Fourth Amendment protections.