Considering how "easy" it is these days to obtain a ham license & how "easy" it is to get yer arse in a jam. Why not just stay on the legal side of the issue??
I'm a 15 yr ham & general class op & YES *I* have a radio that's modified for access to the MARS bands. Sure I could wipe out a lotta commercial services as well as public services.. DO I?? Of course not!! That little ole hunk of paper from the FCC means a LOT to me and *I* won't jeopardise my amateur license. It's matter of "personal responsibility".
Go to the ARRL.org site & dig thru some of the "enforcement letters". Theres a whole lotta folks there whom *I* wouldnt want to trade places with.
Sure there's a segment of society that's gonna push the envelope in commo just like any other law but ya need to bear in mind that it's a federal law ya pushing & *I* don't want to loose *MY* right to vote & possess firearms along with the myriad of other restrictions.
Besides... ham radio is too much fun.
So there's my 2 cent sermon on the subject...