This ban has got to be challenged in the Supreme Court for various reasons, not limited to the First Amendment and technological infeasibility.
It is quite the coincidence that the NSA has their datacenter in Utah.
It is quite the coincidence that the NSA has their datacenter in Utah.
When the Bill of Rights was passed the purpose of those amendments was to restrict government action that may limit a person's ability to share ideas. I think that clearly makes anything that makes privacy online harder unconstitutional.
But, we also don't need the Supreme Court to weigh in on constitutionality. It is the responsibility of citizens to assert their Constitutional rights. That often looks like law suits against the State trying to infringe on our rights.