The problem is that Kerr's assessment of the impact of technology on searches and seizure is exactly backwards. Modern technology makes it far easier to intercept people's private correspondence, track their movements, and perform undetectable surveillance against them.

It's utterly absurd to suggest that technology gives us more opportunities for private conversations now than it did when audio and video couldn't be recorded and when written correspondence existed in the form of single-instance physical documents that could be sealed and examined for tampering.

So if the fourth amendment is to remain "technology-neutral", we need to be far more aggressive in its application, not less so. Encryption is, at best, a tool that helps people restore the former level of privacy that they would have expected in their correspondence.