You're right, RMS could carry a Free Software phone right now, the OpenMoko. I think that your comment is basically condensing his argument. This problem is bigger than a Free Software issue, but any solution would require a Free Software base to resolve issues of trust.

That being said, it's going to be really tough to find a technical solution that allows people to be found in an emergency, but not tracked by a Big Brother government. The solution might end up being legislative.