The main problem with this line of reasoning is that it neglects important parts defined elsewhere making it seem like this is legal when its not. IANAL, but I do hang out with a lot of hammies. You can't help but absorb a lot of technical stuff with them around.
Like for example, https://www.fcc.gov/enforcement/areas/jammers
It need not saturate the bands, you technically are in violation the moment a non-licensed entity has caused interference to a licensed entity.
Willful is a pretty low bar since general intent can be derived from any related negligent acts. Its pretty safe to say transmitting on these bands without a license is illegal, and yes its a fairly big deal.
Most of the public radio spectrum has been monitored, and archived for later retrieval if circumstances dictate since the 60s. There are services that aggregate this data and make realtime info available globally from satellite systems. Trilateration of signals is fairly trivial in most cases.
You may not get caught if you always stay below the noise floor, but you can't really have any real use of the spectrum in doing so, and algorithmic scanning of structured signals is always improving.
It is really negligent to make it seem like these things are legal, when they aren't, and the author should get in trouble for that.
A simple disclaimer isn't going to cut it when then primary purpose is effectively breaking the law in many civilized nations.