[lucasjung]

I'm saying that any government (possibly not some of the more representative governments, but certainly many of the more oppressive ones) could outlaw for unlicensed RF transmitters any encryption they are incapable of breaking.

As to what NSA, et al are currently capable of, I honestly have no idea, but I'm willing to bet some of their capabilities would be surprising (in both directions, depending on which specific capability you were to look at).