There has long been an expectation of formalized privacy in emails, which was asserted in numerous laws -- basically extending the concept of regular mail to the electronic counterpart.
It's like saying "most regular envelopes go through the Post Office using plain vans, if you want secure communication you send it in an armoured van staffed by personally-vetted Congolese mercenaries". Nobody touches Post Office vans not because they're hard to assault (they're not), but because they're shielded with thick walls of law.
I know that smtp is more like sending postcards and yadda yadda yadda, but that's not what most legal systems have assumed for 20 years, nor what the public at large expects.