Eh yeah I've heard these. The important bit to remember is Part 97.113 on prohibited transmissions: "Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services." That's the bit that trips these up rather than the encryption prohibition.
The common case: this is vague and probably falls under the above. What's an example?
The basic case: use phones. All of us that have spent time on HF are well aware of the antisocial behavior sometimes found there. I don't think you'll run into any ham that's against stricter enforcement in this area.
Public service: SHARES is probably the move here. I think I would support waivers similar to how they were previously allowing PACTOR 4 though. Despite what the ARRL says I'm a little dubious of our utility in disasters these days in any case.
I mean sure you can come up with any number of ways to get away with it but that doesn't mean we should endorse that behavior.