Yeah I saw that the other day.
A jailbroken iPhone can do as much damage to a cell tower as I can do with a laptop. Does apple want the government to make a rule stoping the sales of laptops?
They are trying to throw anything to the wall and see if they can get something to stick.
People wouldn't need to jailbreak their iPhones if Apple just let people run the software on their phones that they want to run. Google Voice, Skype, Slingplayer.... and so on.