See also this USENIX paper about how police with encrypted radios (who are legally allowed and generally expected to encrypt their traffic all the time) end up turning off encryption because it doesn't work reliably or easily: https://www.usenix.org/legacy/event/sec11/tech/full_papers/C... I have trouble believing that in a disaster, any significant portion of hams will manage to set up encryption.
Encryption without proper key management is security theater, and proper key management is hard. Just rolling it out into an ecosystem that has never had to accommodate its idiosyncracies is a recipe for trouble...particularly when the cost of malfunction could be life and limb.
HIPAA wasn’t designed for exceptional circumstances. Given the choice between letting a few radio nerds overhear that your kid was severely burned in a wildfire and needs immediate evacuation or letting them suffer longer b/c some certificate expired on a relay, most would choose the former.
That said, if folks are willing to take the risk, you could potentially implement some kind of key escrow system so that comms are tactically protected but still subject to scrutiny.
Lastly digital signatures employ cryptography, rules should be implemented in a way to still allow for that to occur.
This is why you will hear the Hospital Net on the the N6NFI repeater every month. Here's the Net Control Operator script:
https://www.scc-ares-races.org/hospital/docs/HospitalNetScri...
If you listen to the net some night, you might hear operators checking in from each hospital saying "No traffic, we sent a packet." Which sounds pretty boring, but confirms two things: the ham radio station at that hospital has successfully completed a voice communication (obviously, because they are talking with Net Control), and they have also successfully sent a message to a designated packet radio address and had it confirmed.
That's about as uninteresting as it gets, until the real emergency happens and everyone is glad you've been practicing this every month.
It's also why, when you see a comment on https://www.reddit.com/r/Baofeng/ saying "I want to get one of these cheap handhelds for emergency communication, I know I'm not allowed to transmit unless it's a real emergency, but I can listen in the meantime and then I will have the radio on hand just in case," there will always be replies like "Get your Technician license! It's not that hard - many people study for half a day or less - and then you can practice transmitting on the ham bands, so you know you will be able to operate the radio."
One of the stated goals in Part 97 is for amateur radio to "contribute to the advancement of the radio art". How is ham radio accomplishing that goal and contributing to the bleeding edge of radio science, when it's illegal to use a modern bleeding edge radio on the ham bands?
Encryption is a necessary property of modern radio communications. If ham radio wants to remain modern, it must allow encryption. Conversely, if we don't allow encryption, it will not remain modern.
What are your reasons for that assertion?
Imagine if someone suggested that all noncommercial messages over Wifi should be unencrypted and public domain, because it's a shared resource. They'd be laughed out of the room.
If your concern is about identifying abusers of shared spectrum then simply require that all messages be prefixed with the cleartext/speech sending station code.
My guess is this is just a push back against pactor and the non ham usage that tends to happen. Either way ham isn't going to be breaking any data rates soon as the frequency used is to small for faster symbols(and they're also prohibited but current laws).
Still, it completely goes against the spirit of a hobby and is an intentional legal and technical barrier to decoding transmissions, today.
This is not true.