Look at who pays the bills at Reason. That's who would benefit from any policy recommendations they have. "Fair" has nothing to do with it.
If you want to make it "fair" then reform the rules to where no party to a case can spend more than the other. If I bet my friend that I and a friend could beat him and a friend a two-on-two basketball, and he shows up with Kobe Bryant, would that be fair? What if that bet stated that the loser pays the bills for dinner at the winner's choice of restaurant? Is that fair? Yes, it would be a stupid bet to make. But the proposed policy change makes that bet no longer a choice but a matter of law.
Intentionally making your data inaccessible (by encryption or otherwise) without a means of recovering it to attempt to prevent it being used against you in court could be considered destruction of evidence. If convicted of that, expect far more than a few days in jail, depending on how annoyed the judge is with you.
http://en.wikipedia.org/wiki/Warren_Hellman
Does a pretty awesome thing:
http://www.strictlybluegrass.com/