In normal commerce trust between the parties is the default means of ensuring compliance with law.  With the implementation of "trusted computing" and other physical means of controlling access to information, the ultimate question here is rather whether the flow of information between two people should be controlled by a third party by force as the default or, in the more constructive alternative, by the parties themselves taking their own responsibility.  Aside from the obvious slippery slope associated with the Government interfering with the flow of information in and out of the minds of its citizens, the plain common sense conclusion is that people are simply not going to put up with it.  Such control mechanisms will inevitably lead to a technical, legal, economic, and political arms race that can never be won against freedom and fun-loving Americans.