Broadcasting your radio signals unencrypted means there is no privacy. Making a law saying that it is private is like making a law the sun should come up at 5am. The sun will do what it wants and the communication will be overheard.

If you broadcast signals that are encrypted, but that I can intercept without any kind of physical tampering or alteration or destruction of the signal, again laws are of no help to anyone. The communication will be decrypted and overheard.

It's better to make laws that conform to reality than to make laws that tilt at windmills and are used arbitrarily against citizens.