[pupeno]

This is true, and I think a lot of this applications are breaking the rules. You can easily claim your app doesn't use encryption and Apple will accept it. They don't check to see whether it does or doesn't use encryption. But should something happen, Apple is clear of guilt because they asked you and you would be the one producing a false statement.

I read a lot of blog posts and looked at a lot of information and there's a general advice of "just pretend not to use encryption" or "https doesn't count" which is just wishful thinking from people that didn't want to use ERN and when you go dig deep enough it doesn't hold any water.