Encryption is not a crime, encryption protects all of us. Encryption, and especially end-to-end encryption, is an essential tool to protect everyone online. Attempts to undermine encryption are an attack to our fundamental right to privacy and an attack to our inherent right to security and safety.
I don’t disagree with that but the article is talking about what arguments are permissible in a court room which is a little different. Same as using tools to commit a crime. It’s not illegal to own or use tools but when used in commission of a crime, this can be a factor in proving elements of a crime that require proof of intention or malice.