Here's the thing - both of those issues you've identified are broader societal issues that concern everyone, not just you.
(2) in particular is suggesting, effectively, that you should be allowed to circumvent a law you disagree with. In other words, you should be allowed to communicate unlawfully if you don't agree the communication should be unlawful.
That's just not how it works. As a society, your view is one of many. I'm sure many people involved in illicit activity disagree in their activity being characterised as criminal.
(1) undermines the fabric of institutions and assumes that law enforcement targeting criminals may do so for collateral purposes, so they shouldn't be allowed to target criminals just in case.
Whatever society decides is not necessarily good; it's your moral right to break laws you thjnk are sufficiently unjust. When germany goes fascist again, you can bet I'll be using encryption.
If you want people to respect the rule of law, you have to offer them a compromise.
You can break whatever law you choose, but there may be consequences for doing so. It's no answer to breaking a law to say that you don't agree with the law.
(2) in particular is suggesting, effectively, that you should be allowed to circumvent a law you disagree with. In other words, you should be allowed to communicate unlawfully if you don't agree the communication should be unlawful.
That's just not how it works. As a society, your view is one of many. I'm sure many people involved in illicit activity disagree in their activity being characterised as criminal.
(1) undermines the fabric of institutions and assumes that law enforcement targeting criminals may do so for collateral purposes, so they shouldn't be allowed to target criminals just in case.
I don't agree with either.