Please explain to me how my HTC Dream ADP is even remotely tamper resistant? All I have to do to modify the modem is load a binary blob, the blobs are available for download on HTC's website and the tools are provided to flash them. It is possible to alter the blob without this being detectable by anyone.
Who said "it wasn't an issue because I thought it shouldn't be"? I simply said that it isn't an issue because it would unlikely be able to be detectable/enforceable unless you cause problems. Granted it would be better if it weren't an issue period, but if I lived my whole life worrying about what is legal and what isn't, I would never be able to live (and neither would anyone). In this particular case, I don't see how it matters much. If you do not cause harm to someone else's network, you will likely never get in trouble (as it should be).
Are you suggesting that the FCC can successfully attack anyone distributing (otherwise legal, i.e. created legally) code that allows someone to modify their phones? I doubt this would be a real concern either, but if so, this development would simply move to saner jurisdictions, this surely is not a global problem (yet).