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I'm sure there is a much more sophisticated explanation from the lawyers' end, but more fundamentally, I'm pretty sure that encryption is not part of the basic protocol. Privacy is not actually a basic feature of the internet, so something as basic as email does not include it. Anything that uses email to do private coms would have to be referred to as ________ over email.
PGP/GPG has been around as an option since the 90s, but it's rather clunky to implement and you need to know how to keep your private key safe. So, the problem has long been functionally "solved" for the competent, and there we stay; you and anyone you want to talk to privately will always be free (possibly not legal, but free) to generate a key pair each, share your public keys, and then talk privately using those keys for as long as you can keep your private keys safe.
And really, I personally find the idea fairly silly, that some company is going to keep my key for me and respect my privacy. No, if someone wants to keep your private key for you, they want to know your business, all of it. You don't ask to hold anyone's keys anymore than you ask to hold their johnson for them when they piss. I do use some corporate encryptions, signal for things I don't want the DEA to know about mainly. Oh also FUCK THE DEA
Noted.