Has your interpretation ever panned out in reality? Do DDOS kiddies ever get FCC jamming charges applied? I've never seen that. I can't imagine case law fitting in with your interpretation.
Sure. K1MAN made communications that would probably have been legal if they didn't cause willful interference:
In support of its motion for summary judgment on the monetary forfeiture, the Government presented FCC transcripts of recordings made on November 27, 2004, December 8, 2004, and March 31, 2005 that it alleges show K1MAN beginning to transmit on top of existing communications by other users. [...] The Government also provided the declarations of several FCC personnel who monitored and observed interference between K1MAN and other amateur operators. [...] [1]
Chief US District Judge John A. Woodcock Jr, in writing for the Court, agreed with the FCC on the first two counts -- willful or repeated failure to respond to FCC requests for information, and willful or malicious interference -- and granted summary judgments to the FCC in the amount of $3000 and $7000, respectively. [2]
As for more targeted attacks, see the Notices of Apparently Liability for KZ8O [3] and K3VR [4].
Once public airwaves are involved (as opposed to wires) you're on the FCC's turf, and the FCC takes radio communications VERY seriously.
Comments
Has your interpretation ever panned out in reality? Do DDOS kiddies ever get FCC jamming charges applied? I've never seen that. I can't imagine case law fitting in with your interpretation.
Sure. K1MAN made communications that would probably have been legal if they didn't cause willful interference:
In support of its motion for summary judgment on the monetary forfeiture, the Government presented FCC transcripts of recordings made on November 27, 2004, December 8, 2004, and March 31, 2005 that it alleges show K1MAN beginning to transmit on top of existing communications by other users. [...] The Government also provided the declarations of several FCC personnel who monitored and observed interference between K1MAN and other amateur operators. [...] [1]
Chief US District Judge John A. Woodcock Jr, in writing for the Court, agreed with the FCC on the first two counts -- willful or repeated failure to respond to FCC requests for information, and willful or malicious interference -- and granted summary judgments to the FCC in the amount of $3000 and $7000, respectively. [2]
As for more targeted attacks, see the Notices of Apparently Liability for KZ8O [3] and K3VR [4].
Once public airwaves are involved (as opposed to wires) you're on the FCC's turf, and the FCC takes radio communications VERY seriously.
[1] http://www.arrl.org/files/media/News/Baxter_Summary_Judgment...
[2] http://www.arrl.org/news/us-district-court-for-maine-issues-...
[3] http://transition.fcc.gov/Daily_Releases/Daily_Business/2014...
[4] http://transition.fcc.gov/Daily_Releases/Daily_Business/2014...