Apples and oranges.I have seen were some have said it's paid for by tax dollars so we have the right. Well nuclear weapons design, encrypted communications used in war time by the military, fighter jet plans, war ship plans, the social security system database, and even you medical records and treatments if you are on Medicare or other government insurance are paid for by the government, and ultimately your tax dollars. But it's still classified and you can't claim your taxes paid for it so hand it over. Or do I have the right to know about your last prostrate exam? What sort of hoochie ailment your wife may have? The doctors notes on you ED problems? And remember that there are STILL police departments out there reading names, social security numbers and dates of birth over VHF clear communication channels. Do YOU want to get pulled over in that jurisdiction and have your personal data broadcast for everyone with a scanner to hear it for 20 miles in all directions.
Rights do not equal privileges. The jury is still out on if they have the privilege to do that.And there is a cure to all of this. You can find area's that are still running open air communications and move there. YOu don't have to live in an area where the evil police chief has made the decision to encrypt the communications of their department which they are fully within their right to do most places.