I think with respect to business regulation, encryption won't pose much of a problem. People in criminal prosecutions have a right not to incriminate themselves

I think with respect to business regulation, encryption won't pose much of a problem. People in criminal prosecutions have a right not to incriminate themselves. But if the government wants to investigate, say, DuPont for chemical dumping and there's a law on the books saying companies have to keep chemical storage records for 7 years, DuPont can't just throw away the key for their encrypted internal data. They'll have broken the law requiring them to keep their data and be liable to regulatory sanctions for that. In contrast to criminal law, most regulatory schemes use a reverse onus. That is to say, the onus to prove compliance is on the regulated entity. So you can't just say, "sorry, we don't have that data / we encrypted it". That will be de facto non-compliance. So if you are encrypting internal data (which of course you should be doing, just so it isn't stolen), you had better have the means of decrypting it when the government comes knocking. The thorny issues will be in criminal prosecutions where disclosure of the accused's (encrypted) stored data will now need the active participation of the accused, who of course can exercise their Fifth Amendment rights to refuse. And the government won't be able to go around them and get the device vendor to unlock it. But companies facing regulatory sanctions already don't have these rights.