New Jersey Moves to Criminalize Pirate Radio

First it was Florida…now the New Jersey Broadcasters’ Association is pushing a bill through the state legislature that would make unlicensed broadcasting in the state a fourth-degree felony. Whereas conviction in Florida could cost you $5k and/or five years behind bars, New Jersey’s proposed law hits pirates for $10,000 and up to 18 months in jail.
In the state Senate, the bill’s sitting in the Law, Public Safety, and Veteran’s Affairs Committee [Sponsor: Peter Inverso (R)]; the Assembly’s copy is awaiting a vote on the floor, having unanimously cleared the Telecommunications and Utilities Committee [Sponsors: Linda Greenstein (D) and Upendra Chivukula (D)]. The resemblance between Florida’s new law and New Jersey’s proposed law is pretty clear.
This is obviously a new tactic the broadcast industry’s going to expand upon in the future. How to counter it? And what kind of legal can of worms does this open up if the FCC lets this law slide, too?