A right that you have is one that cannot be taken away. Traditionally this is limited to things that society has agreed not to take away. However we are slowing entering into an age where a new type of right emerges: a right that you seized and society is powerless to take away.
We don't normally think of "PGP'd email can't be read" as a "right", but that is essentially what it is. A right that has been seized, not granted.
These rights are of course vulnerable, just like rights granted by society. Instead of keeping society convinced that the right must remain granted, you instead have to be careful that you remain in a position where society is powerless. In practice, this is quite difficult.
Outlawing is a meaningless gesture if the possibility of enforcement does not exist. They can outlaw seized rights but if they cannot (or do not) enforce their laws then you will remain in possession of your seized rights.
For that matter, this applies even to granted rights. There are plenty of rights that people have that are outlawed by unenforced (and unenforceable laws). Consider for example laws in less enlightened states that specify what sorts of sex two consenting adults are allowed to have. These laws are not enforced, making them little more than monuments to the ignorance of the past.
The possibility of enforcement for the example of PGP encrypted email is pretty obviously real: just throw anyone who is found to use PGP in jail for 10 days.
> Outlawing is a meaningless gesture if the possibility of enforcement does not exist
Irrelevant; it isn't a right if you can't defend yourself in court if you're caught doing it and detecting someone using encryption is not at all difficult. We're talking about rights here, not "what I can get away with". You position isn't defensible.
A right that you have is one that cannot be taken away. Traditionally this is limited to things that society has agreed not to take away. However we are slowing entering into an age where a new type of right emerges: a right that you seized and society is powerless to take away.
We don't normally think of "PGP'd email can't be read" as a "right", but that is essentially what it is. A right that has been seized, not granted.
These rights are of course vulnerable, just like rights granted by society. Instead of keeping society convinced that the right must remain granted, you instead have to be careful that you remain in a position where society is powerless. In practice, this is quite difficult.