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Why would you need to prove the difference between noise or encryption?

If they claim is not encrypted it's just noise, prosecute them for broadcasting noise.

If they claim it's not noise it's just encrypted, prosecute them for broadcasting an encrypted signal.

What do you think the practical difference in outcome is?

The practical difference is you can send any sort of data with packet radio, how are they actually going to prove you've hidden an encrypted message inside that without the key (preferably symmetric)?

This isn’t how the law works. It’s like saying ‘why is murder illegal when I can sometimes get away with it.’

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