If the unwashed masses suddenly gain access to such capabilities effortlessly then it would be a concern. Presently it is not, because smart phones have GSM subsystems carefully separated and ‘dumb’ phones have certain limitations built in. Behaving graciously is assumed a mobile station's role in the GSM system.
Recall the Nokia 1100 rumor eariler this year where underground allegedly gained acces to frimware memory map of certain series of this phone and its price skyrocketed on second hand market.
Jailbreaking is a fact of life. What are they going to do? Make it illegal? Let's assume they do. Does that make the network more secure? Did outlawing SPAM decrease the amount of SPAM? Did criminalizing cyber-attacks even decrease the number of said attacks?
To beg a legal remedy to circumvent the threat of cellular attacks in itself means that Apple, or rather AT&T (who is, of course, behind this claim), has a security methodology that is utterly broken, and absolutely begging to be exploited.
They might as well have hung a sign on the towers which said, "Hack Me. I'm Easy".
It's easy for us to say "well, obviously that makes no sense, because you could do the same thing with an Android phone or a laptop" because we understand a computer to be a universal machine, but the people making the law usually understand computers as no more than a glorified wrench or hammer, capable of doing some particular subset of Useful Things.
Far be it for me to comment (as I have no experience in the software) but does that not seem like something of a MAJOR flaw in the tower software?