But it's not all that unusual for the gov't to really "have it in" for someone, but not be able to pin the crime on them, as with Al Capone.
In his case, the government didn't think it could pin the true charges on him, so he was actually convicted on tax charges. The tax code is big, obscure, and no expert agrees on the detailed interpretation, so it's not too hard to find some technicality that will convict anyone.
This encryption thing could easily be misused the same way: they can't prove you're a bad guy, so they trump up some technicality charges just to get you locked up.