If I encrypt something client-side, the Patriot Act has no influence over it whatsoever. The only person who can decrypt it is me.
So, yes, they do need to break encryption. Especially as more and more apps move towards the "smart/encrypted client, dumb server as a storage dump" model.
The parent comment could be interpreted as "They do not need to break encryption as they do not need to prove guilt due to the patriot act, and breaking encryption is a dog and pony show when they can just hide you in Guantanamo or a Romanian black site."
But Romania is so beautiful this time of year, comrade hobs.
Except if you don't control the software on your device, like all smartphones.