HD,
you may have hit the nail on the head.
Two offences;
i:/
Listening/Monitoring
ii:/
Passing-on or abusing access to such information.
Therefore, would you agree that it should be of no concern if a suggestion were to be made moving the offence of listening/monitoring restricted broadcasts off the statute books; while retaining the full weight of law to be concentrated on those that pass-on or use such information for personal financial gain or other nefarious purposes?
(Transmission on said frequencies being punishable, as is the current case, to the extreme extent of the law.)
NB: I am talking about formalising legal direct local reception of MODE-S or ATC RT traffic and NOT legalising the re-transmission of specific details, including streaming over the internet, to other media.