Many AP's have the ability to operate outside of their proper bands and above the stated power limits too. Existence of a feature doesn't make its usage legal.

Many AP's have the ability to operate outside of their proper bands and above the stated power limits too. Existence of a feature doesn't make its usage legal. The legal principle here is remarkably clear cut. Are you willfully interfering with another user of the band? Yes? You're breaking the law. The method used to accomplish the interference isn't germane to the question of whether you're interfering or not.