[Cryptography] ham radio and encryption

[Bob Wilson]

This discussion has probably gone on too long, but here are the defining 
documents. "Law" in this case comes from congressional establishment and 
empowering of the Federal Communications Commission. In general "Part 
97" is what we as hams refer to for our permissions and obligations. The 
most relevant part of the FCC's regulations, so far as I see is:
>
> Title 47: Telecommunication...
>
> PART 97—AMATEUR RADIO SERVICE...
>
> §97.113 Prohibited transmissions.*
> *(a) No amateur station shall transmit:
>
> ...
>
> (4) Music using a phone emission except as specifically provided 
> elsewhere in this section; communications intended to facilitate a 
> criminal act; messages encoded for the purpose of obscuring their 
> meaning, except as otherwise provided herein; obscene or indecent 
> words or language; or false or deceptive messages, signals or 
> identification.
>
As others have pointed out, that phrase "messages encoded for the 
purpose of obscuring their meaning" is what matters.

The "except as otherwise provided herein" has sometimes resulted in 
challenges as new technologies came along. E.g. when sending images 
perhaps as JPEG within something like the Winlink protocols for sending 
email, or simply television or radio-teletype transmissions, someone 
listening to the transmission would not understand the meaning but these 
are allowed. Sometimes these new technologies have been controversial, 
e.g. there were recent complaints by some hams about others using 
compression and noise reduction techniques such as FT8. I am not  at all 
a lawyer but I think the essence here has been that it is OK so long as 
ways to "decode" a transmission are publicly available. Some of the 
exceptions have been put in for things such as remotely controlling 
satellites, clearly not considered in the original rulings!

Regarding the "to keep hams from competing with commercial carriers" 
argument, there is this in the regulations immediately after the above, 
and still within "No amateur station shall transmit"
>
> (5) Communications, on a regular basis, which could reasonably be 
> furnished alternatively through other radio services.
>
Bob Wilson, WA9D
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