Encryption lawsRadio
Is encryption legal on ham radio and GMRS?
No, in both cases, under FCC rules. Amateur stations may not send "messages encoded for the purpose of obscuring their meaning", and GMRS stations may not send "coded messages or messages with hidden meanings".1, 2
Checked 29 October 2026 against the sources. This page describes US rules. It is not legal advice.
What each service allows
The FCC's rules, in Title 47 of the Code of Federal Regulations, set a separate rule for each radio service.1, 2, 5
| Service | The rule | Exceptions |
|---|---|---|
| Amateur (ham) radio | No "messages encoded for the purpose of obscuring their meaning, except as otherwise provided herein".147 CFR 97.113(a)(4). | Codes to control a station in space; telemetry within 50 km of the Earth's surface is not treated as a code.3, 4 |
| GMRS | No "coded messages or messages with hidden meanings".247 CFR 95.1733(a)(3). | "10 codes" are permitted.2 |
| 700 MHz public safety | "Encryption is permitted on all but the two nationwide Interoperability calling channels."547 CFR 90.553, Part 90 Subpart R. | Radios must let the user switch encryption off. Transmitters made after 11 August 2014 must use AES.5 |
Digital modes on ham radio
The amateur rule turns on purpose, so digital modes are allowed as long as they are not used to hide meaning.1, 6
An amateur station may use any technique "whose technical characteristics have been documented publicly", the rules say, naming CLOVER, G-TOR and PacTOR as examples. Unspecified digital codes are allowed too, but "must not be transmitted for the purpose of obscuring the meaning of any communication".6
An FCC Regional Director can order a station to stop using an unspecified code, limit its digital transmissions, or keep a record of everything it sends that can be converted back to the original.6 This is 47 CFR 97.309(b).
Why the FCC keeps the ban
In 2013 the FCC dismissed a petition to allow encryption for amateur emergency work.7
The petition, RM-11699, asked for an exception for emergency services operations and training. The FCC's order of 17 September 2013 says the rule "is intended to help maintain the non-commercial character of the amateur radio service", that the service relies on self-regulation, and that "amateur stations must be capable of understanding the communications of other amateur stations".7
The order notes that the petition drew over three hundred comments, with twice as many opposing as supporting it. It also cites the international Radio Regulations, Article 25: transmissions between amateur stations of different countries "shall not be encoded for the purpose of obscuring their meaning".7
Questions people ask
Is DMR encryption legal on ham radio?
Are 10 codes allowed on GMRS?
Yes. The GMRS rule bans coded messages and messages with hidden meanings, and says in brackets that "10 codes" are permissible.2
Do police use encrypted radios?
FCC rules for the 700 MHz public safety band permit encryption on all but the two nationwide interoperability calling channels, and require AES on transmitters made after 11 August 2014.5
Has the FCC considered allowing encryption on ham radio?
Yes. It dismissed a 2013 petition, RM-11699, that asked for an exception for emergency communications.7
Sources 7
- 47 CFR 97.113: prohibited transmissions, eCFR, Office of the Federal Register. Read 29 October 2026.
- 47 CFR 95.1733: prohibited GMRS uses, eCFR, Office of the Federal Register. Read 29 October 2026.
- 47 CFR 97.211: space telecommand station, eCFR, Office of the Federal Register. Read 29 October 2026.
- 47 CFR 97.217: telemetry, eCFR, Office of the Federal Register. Read 29 October 2026.
- 47 CFR 90.553: encryption, eCFR, Office of the Federal Register. Read 29 October 2026.
- 47 CFR 97.309: RTTY and data emission codes, eCFR, Office of the Federal Register. Read 29 October 2026.
- Don Rolph, Petition for Rulemaking, RM-11699, Order, DA 13-1918, 28 FCC Rcd 13366, adopted 17 September 2013, Federal Communications Commission. Read 29 October 2026.
We read the rules themselves, and every status has a date. How we check