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> people can't monitor that people aren't breaking the law

Typically even without encryption there are laws banning monitoring of such communications. For example, tapping into someone's analog phone line or listening to unencrypted mobile phone conversations, etc.

Conversely, even system we view as private are routinely monitored by governments, etc.

Amateur radio rules seem to derive both from the idea of preventing public nuisance and also the idea of public resources (like national parks, etc.). The amateur spectrum is like a park -- visitors are not allowed to open businesses on the land, nor are they allowed to be a nuisance to others.



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