Possibly, but their warning was put out to the ham community which doesn't use any sort of encryption per the rules.
I'm not up to speed on DMR, does it have an encryption capability? I haven't heard anything about it in the amateur radio community and one would think the oldtimers (the CW or die folks) would be up in arms over that.
That said, some of the recent actions by the FCC against vendors (ie Rugged Radios) has been due to the analog stuff. Also, referenced is the preponderance of the cheap Baofengs at virtually every protest.
Chris