> It's E2EE if you select private chat with someone. And its not E2EE if you fail to select private chat.

What this means is that any conversations where you do select E2EE are the ones the "authorities" will take interest in, even if only to the extent of metadata.

That's the fundamental problem with E2EE-by-exception, rather than by default. It calls attention to specific data, even if its not cleartext, rather than obscuring everything.