> If you apply this logic to something else, you'll see how little sense it makes. "If you don't give us your encryption keys, or use PFS, you're a facilitator of terrorism"

That's not even remotely the same logic.

> "If you sell guns, you're a facilitator of gun crime."

Nor is that.

> If you're an ISP that doesn't block sites that we say are piracy sites, you're a facilitator of piracy

Nor is that.

To make your gun seller hypothetical fit the Marques allegations fact pattern, for instance, it would have to be a gun seller that is purposefully trying to sell guns to people who are looking to commit crimes with the guns, and who is touting the effectiveness of his guns at being hard to trace.

Basically, they are trying to hold Marques responsible for crime happening on his servers, that he appears to have known about and encouraged.