Comment by cornholio

I think legally the issue was adjudicated by analogy to a closed safe: while the exact contents of the safe is unknown beforehand, it is reasonable it will contain evidence, documents, money, weapons etc. that are relevant, so if a warrant can be issued in that case compelling a locksmith to open it, then by analogy it can be issued against an encrypted device.

Without doubt, this analogy surely breaks down as society changes to become more digital - what about a Google Glass type of device that records my entire life, or the glasses of all people detected around me? what about the device where I uploaded my conscience, can law enforcement simply probe around my mind and find direct evidence of my guilt? Any written constitution is just a snapshot of a social contract at a particular historical time and technological development point, so it cannot serve as the ultimate source of truth regarding individual rights - the contract is renegotiated constantly through political means.

My question was more general: how could we draft that new social contract to the current age, how could we maintain the balance where the encrypted device of a suspected child predator and murderer is left encrypted, despite the fact that some 3rd party has the key, because we agreed that is the correct way to balance freedoms and law enforcement? It just doesn't sound stable in a democracy, where the rules of that social contract can change, it would contradict the moral intuitions of the vast majority.