dgoodson said:kikito- you DO bring up a messy point. What constitues "encryption". As I made a point earlier, in "olden days", and perhaps to some extent today, agencies commonly use "code words" etc to help protect their conversations... and at some level, that is a form of "encryption".
Just one of life's little cans of worms!
Well, for one, scrambling and encryption are not exactly the same thing. Sometimes they both achieve the same thing but they're not quite the same. That in itself is definintely a "can of worms".
In the case of the simple ESK scheme on the control channel of "X-ORing" some numbers, I would consider that's publicly available knowledge and means to "extract" the end product. If anyone, starting with M/A-Com, thinks that's a form of encryption and safe enough from "prying ears", then I also have a bridge to sell them or perhaps a ProVoice radio to hook up to the ESK capable Trunker software!
Of course, in the eyes of the laws, doesn't matter how simple a techinque of scrambling or encryption might be, it might still be illegal to decode or decipher and in the end, the manufacturer can give their customer a false sense of security.
In the end, ONLY the true encryption they (FHP) might be using, is the only safeguarding of their communications.
Disclaimer: I'm not an expert, this is only my opinion and I might be wrong.