Sure you can. This still does not ensure that the communications embedded within the encrypted portion of the data does not violate amateur rules.
Encryption of communications effectively removes the ability of hams (and government regulators) to monitor their service for rule breakers. It would invite commercial users to exploit hams' valuable bandwidth.
I would go so far as to say encryption is not needed in the amateur radio domain, outside of limiting access to the control and configuration of remote devices. The established goals of the amateur radio service can be achieved without encrypted communications.
My goal is to be able to privately communicate with other people at a distance without relying on cell phone carriers, ISPs, or other brittle corporate infrastructure.
Privacy is a human right, and that applies over radio.
If I need to register my public keys like a license plate, fine, but the content is only the business of the recipient.
> So by this license only businesses are allowed to have private communications, not individuals?
The first words on that pages are "Individuals or entities desiring to […]".
You, as an individual, can get a license. It's probably just more common for legal persons [1] to go through the effort rather than natural persons [2].
Hypothetically you could get a license just for yourself, but only you'd be able to use it which might get kinda lonely. Using a LLC is much more practical as the entity can own the radios and assign them to authorized users acting on behalf of the company.
Forming a corporate entity and paying the frequency coordination fees are going to be minimal in comparison to the hardware costs to communicate at a distance (encrypted or clear) reliably.
Businesses are the only legal way to “group” people together and hold them accountable. Since you are purchasing a license for some spectrum, they need a way to hold that group accountable. A common business arrangement is to create a “co-op” to work together, usually owned equally by the members. For example, there are a couple of developer co-ops around here to get discounts on IDEs and resources by appearing as a large org. Almost like what you’d expect from a union, but most clearly not a union.
> Privacy is a human right, and that applies over radio.
You do not have a right to use common space (e.g., radio spectrum) without regard to the rest of society. If are given permission to use a common space, you have to use it with the stated conditions.
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