Well yes, if you're not using encryption and it's a one off thing, the judge will probably find you not guilty.

The OP seemed to suggest that when you ban encryption, random people will randomly get in trouble, therefore banning encryption is a bad idea. But judges have common sense and law enforcement has limited resources (prioritization) therefore random people will probably not randomly get in trouble. Therefore strong encryption ban is very realistic and very easy to sell to the population, and not like the OP claimed something that will backfire. This is why his comment is naive. He likes encryption and doesn't want for it to be banned therefore he deludes himself with some alternative reality where doing something he doesn't like backfires and is reversed.

Strong encryption ban will not backfire.