Yes, for example the founding fathers might not have thought of growing plants for personal consumption as interstate commerce, or building a private office towers as a public purpose, thankfully we have the SCOTUS to realize that growing plants for your own use is interstate commerce and that private office towers are public purposes.

Whatever you're doing is probably illegal if the government wants it to be illegal, and legal if the government wants it to be legal.

As most lawyers say, don't talk to the police, so I assume the best advice would be to encrypt your documents to the maximum extent possible, and have your lawyer sort it out in court.