Escrow expectations

If there is no expectation of privacy when a key is escrowed with Bob, or my companies attorneys, then would there be any expectation of privacy under Clipper? Perhaps this is a powerful argument we should expect to have used against us... "Your honor, we argue that in escrowing his keys with the US government, the defendant should have known his communications could be listened to, and thus has no expectation of privacy." Adam -- "It is seldom that liberty of any kind is lost all at once." -Hume