This type of ambiguity is not uncommon in law. My guess would be that they would look at intent (ie, did you manipulate the message to make it difficult for a t

This type of ambiguity is not uncommon in law. My guess would be that they would look at intent (ie, did you manipulate the message to make it difficult for a third party to understand), as well as defectiveness (ie, rot26 is so stupid that we will only charge you with attempted encryption).