This is an excellent question. I think the problem comes in when criminals use the clear text channels to assist them in their activities. Yes, much should be clear text ... and he has a great point in undercover and SWAT operations, etc. I also like the idea of the press being able to buy themselves into an encrypted system. You'd have to regulate it though to a point where clear text wasn't readily available to a bank robber listening in as seen in the movies.