That's somewhat of an unenforceable policy. Encrypted content is pretty much indistinguishable from noise or interference.
And there's a ton of perfectly allowable obfuscation techniques that are good enough to secure most comms while still following the letter of the regulation. It's true, this isn't going to replace internet applications, but that's not why hams are doing this to begin with.
> Encrypted content is pretty much indistinguishable from noise or interference.
Wrong. This is only true in the sense that the bits sent appear to be randomly chosen. Encrypted content sent over radio is still going to adhere to a modulation scheme like FSK, QSK, or something. A simpler analogue is sending coded Morse code. Yes, the dots and dashes appear random, but it's certainly not noise you can very clearly recognize it as Morse. Also, you need to send your callsign in clear text in each transmission. So people will see your call sign and then unintelligible bits after it, and it's easily recognized as encrypted transmissions.
What you're describing is more akin to frequency hopping where RF transmissions are sent out over a broad spectrum. But even then it's still distinguishable from noise unless a very fast hop interval is used.
You're right that you'll probably not get in trouble for it. The FCC really only cares if you're disrupting much more important activities.
And there's a ton of perfectly allowable obfuscation techniques that are good enough to secure most comms while still following the letter of the regulation. It's true, this isn't going to replace internet applications, but that's not why hams are doing this to begin with.