Yeah, but even an expansion of CALEA would go a long way to getting them what they want. We’ve seen how administrative subpoenas and warrants have shutdown services like Lavabit. Heck, they could even have the FCC use its expanded powers under Title II reclassification to force ISPs to comply with law enforcement as part of a twisted concept of network neutrality and responsibility.
They can’t win exactly, but consider how many people never send encrypted emails (despite the theory being extremely well known) just because it’s difficult to do. Or consider how many people try to protect themselves but fail because of misconfiguration or other OPSEC issues. That includes criminals and terrorists and anybody else the government wants to track; actual security practice does not match what should be possible. If you make good security practice more inconvenient, fewer people will do it.