This is where we depart. Just because it is a public network does not mean that people somehow naturally consent to monitoring by anyone and everyone, nor that they should have to consent to this stuff. The telephone network is a good example of public and private infrastructure in which one still has the expectation of privacy.
>> If digital communication is encrypted, or marked as anonymous
And what if someone, mostly without notifying us, loads a script into our browser that tracks everything we do and reports back to mother?
This is not a case of people marking data private, nor is it 'digital communication' this is intrusion.