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You could argue that all of the modes that use digital voice codecs from DVSI (which include DMR, D-STAR, System Fusion, P25, and more, but not M17 and FreeDV which use an open source codec) should also not be used on ham radio by the same logic. Though they are not quite as undocumented because they are patented, which means that the details that are disclosed in the patent applications are available. Perhaps more important, the wide availability of commercial equipment that implements the DVSI codecs means that the FCC has no difficulty monitoring transmissions so long as the optional encryption (which is NOT allowed on ham radio) is not used.