> In ham land you can do anything that follows the emissions rules.

In the US, hams are prohibited from employing encryption with the single exception for control coms with amateur space-based radios. With the proliferation of digital modes, the encryption rule is increasingly being challenged and it will be interesting to see where this goes in the future.

In ham land, the transmitter possesses the license to utilize the radio spectrum. With mobile phones, the carriers do. Cell phone owners don’t need a license - the model assumes their equipment manufacturers do, and will do what’s needed to assure continued compliance.