Don N2IRZ wrote an article in CQ Magazine's August 2006 edition which made the case that data encryption is legal when it is used for the purpose of preventing unauthorized access. The context he's referring to is when using modified commercial WiFi routers which have channels that overlap with the amateur band (e.g. HSMM-Mesh/Broadband-Hamnet) and preventing part 15 users from joining part 97 mesh networks through the use of encrypted passwords such as WPA/WEP.
I'm not sure if his logic has held up in light of the recent FCC dismissal of a rulemaking petition to provide an exception for encryption for during disaster/public service operations, but it is an interesting read.