This problem was sorted out many years ago.
In the event of emergency operations traffic can be sent encyphered.

73 Barry VK2AAB

Bruce Perens wrote:
> Hi Folks,
> 
> There is increasing pressure to allow encryption - that is the use of 
> secret codes that make messages unreadable - over Amateur Radio, and 
> ARRL is now taking on this issue - I fear in the wrong way so far. There 
> are two problems:
> 
> 1. HIPAA, a law requiring patient privacy by medical providers in the 
> United States, has scared hospitals away from using hams to provide 
> services in an emergency, because we transmit patient data in the clear. 
> At last year's Hamvention, there was a meeting on this issue, where the 
> use of encrypted digital networking was proposed so that Amateurs could 
> transmit information for their served agencies in a secure way.
> 
> 2. Digital networks - ARRL has a HSMM (high-speed multimedia) network 
> committee and one of their concerns is that they don't want non-hams 
> transmitting over their network. So, they'd like to use encryption. Some 
> of you will realize that this is an authentication, not encryption, 
> problem.
> 
> Encryption was an agenda item in the ARRL board meeting from which 
> directors have just returned. I've discussed it with an ARRL director 
> whom I can't quote, but I think it's fair to say they're considering 
> early proposals for rule changes allowing encryption on the Amateur 
> airwaves.
> 
> Obviously, encrypted airwaves are private airwaves. It's fundamental to 
> Amateur Radio that anyone can listen in on the messages. This could be a 
> real disaster if ARRL and regulators are not guided well. Here's what I 
> propose to do.
> 
> First, the network authentication problem can be solved without 
> encryption and without any rule changes by using the zero-knowledge 
> proof, which nobody involved seems to have understood. We thus need to 
> explain this to ARRL and make sure that any proposals regarding 
> authentication provide the zero-knowledge proof rather than encryption 
> as their technical means.
> 
> Second is the HIPAA problem. First, it's necessary to develop a better 
> understanding of HIPAA. Second, it's necessary to make sure that of the 
> communication, _only_ patient information be enciphered, if that. Not 
> any other element of the communication. IMO, we've gone way too far if 
> we have encrypted voice communications for this purpose.
> 
>     Thanks
> 
>     Bruce
> 
> ------------------------------------------------------------------------------
> Symantec Endpoint Protection 12 positioned as A LEADER in The Forrester  
> Wave(TM): Endpoint Security, Q1 2013 and "remains a good choice" in the  
> endpoint security space. For insight on selecting the right partner to 
> tackle endpoint security challenges, access the full report. 
> http://p.sf.net/sfu/symantec-dev2dev
> 
> 
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Symantec Endpoint Protection 12 positioned as A LEADER in The Forrester  
Wave(TM): Endpoint Security, Q1 2013 and "remains a good choice" in the  
endpoint security space. For insight on selecting the right partner to 
tackle endpoint security challenges, access the full report. 
http://p.sf.net/sfu/symantec-dev2dev
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