Here's my puzzlement: If you want secure communications, make them secure. If anyone (agency or individual) doesn't want a message
to be intercepted, common sense says that you don't broadcast it over a medium that is easily intercepted. That doesn't require a new
law that creates a whole new segment of violators. It requires an easy application of a SOP or simple technology.
It makes no difference whether that message is broadcast over a radio system, or spoken loudly in a crowded room. If I shout out
state secrets, a law saying that passers-by can't listen doesn't defend my actions. The fault lies with the originator, not the listener.
I don't discuss the quarterly profit and loss over our company's business repeater system. I do so over a private medium.
Again, its simply common sense.
If we recover a body from a house fire, we advise Dispatch to send the Coroner via telephone instead of over the radio- it is
kept off the air even over our low-powered simplex incident tactical channels. This prevents Grandma, who's listening to her son's
house burning down on her scanner, from having the "big one" before her family can arrive and break the bad news in person.
And rest assured that Grandma would cheerfully break the law to listen in. Communications security in this case is simply
common sense and good policy.
You don't hear much Federal communications. Its not because they enacted legislation to prevent it and everyone complies,
its because they communicate in a manner that can't easily be intercepted.