There is also the possibility that using less secure communications hardware and software could be exposing individuals and companies to criminal and civil liabilities due to other legal requirements. In the US this is already the situation with regards to handling classified information.

Despite all of the rhetoric and public statements, the legal burden and actual enforcement seems to be going very much the opposite direction in the US and EU. There is good reason to suspect that the monitoring (and centralized censorship) infrastructure built up in other nations could end up producing the opposite desired goals in the long term.