The spirit of "everything open" does not jive with the modern world and may be an issue with some emergency communications, yet it has a role with amateur radio

The spirit of "everything open" does not jive with the modern world and may be an issue with some emergency communications, yet it has a role with amateur radio. The important things to realize are that amateur radio has a multitude of roles and those roles are not unique to the service. For example: amateur radio is not intended for emergency communications, you have things like aviation and nautical bands for that, yet emergency communications are central to amateur radio since the bands are available when all else fails. Likewise for experimentation, you can frequently work below a certain power levels or obtain a license to develop new technologies. An amateur license offers more leeway and less bureaucracy to hobbiests, arguably cutting down on interference to critical services. The list goes on. The problem is creating a self-regulating environment. This is difficult to do when communications are "effectively encrypted", which I take to mean that the mode is not publicly documented, it is encrypted, or it is otherwise obfuscated. At best, this encourages use that violates radio regulations. A more cynical interpretation is that it's a prelude to taking over amateur bands.