When the entire point of the enterprise (sky in this case) is to enable criminals, wouldn’t the enterprise itself be part of the criminal conspiracy?

I am all for privacy, but I’m also for rule of law. If I could start an encrypted messaging company that marketed exclusively to criminals, then wouldn’t I expect to be charged as abetting the crimes committed as a result of facilitating that communication?

It’s a question of intent. Law isn’t black and white- and law recognizes that tools can be dual use. It’s not perfect but nothing is.