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Encryption is really really hard, and avoiding some form of sidechannel attack is much much harder.
Sure key exchange also isn’t trivial, but I would say that key exchange is significantly easier. Care to elaborate?
RSA doesn’t scale, so if the message is large then RSA becomes unwieldy. So most encryption methods that make use of RSA actually encrypt the data with a symmetric algorithm, and then just encrypt the key for the symmetric data using the RSA key.
But there is still way way way too many ways to implement crypto wrong, which can completely compromise the security of it.
It seems to me that any legislation could easily carve out an exemption for any special editions, only applying to the “regular” version.