It's not that hard. Right Click -> Run As...
Yes, it doesn't work with all software, but it works most of the time, even in the Control Panel.
Now other sites like Tor.com are using the same model.
My "Microsoft Security Essentials" include a wire cutter as in NEVER CONNECT A WINDOWS COMPUTER TO ANYTHING TO BE SECURE!!!
I just got off the phone with a client that was being forced to run accounting software on windows desktops by a vendor as a server (long story). Being sensitive data and mission critical, I had to tell them not to plug the windows computers in to the rest of the network. They have to be standalone systems.
Now is that fair?
No, but that is the only way I can give a client 100% assurance of security, given their long bad track record and current state of windows security. My client does not give a shit that security is improving in windows, or they are now stopping 90% of whatever, or the windows vs linux debate. They give a shit about protecting their data, and doing it as cheaply as possible (small company, tight budget).
Before anyone starts this "well any operating system is vulnerable" shit, I am not interested.
The courts are wrong here and it does nothing but empower criminals and reduce the avenues of justice for the average citizen. This type of weakening of police powers is precisely why groups like the Yakuza are able to get away with so much in Japan. By skirting the very edges of the law, they are able to remain untouchable while those they terrorize are very likely to overstep their legal bounds due to the inability of the police to successfully remove the true criminals.
Here is the thing no one is a criminal yet. That is a foundation of our legal system. People are innocent until proven guilty. So this doesn't reduce the power of police over criminals. It puts in check the power of the executive branch with regards to citizens who are innocent until proven guilty in a court of law. This doesn't prevent the police from using GPS trackers. It makes sure their use is checked by the judicial system.
Your bad analogy about a crime gang in Japan is irrelevant. We're talking about the United States not Japan. Japan's legal system might let suspects skirt their system and the US might let suspect skirt theirs, but this decision has nothing to do with the Japanese legal system.
The clash of ideas is the sound of freedom.