The reporter opens the article with the interpretation that this is a result of "the patriot act". The above statement is in the body of the article. I think you would be prosecuted for the above long before 9-11. If you shot off a model rocket or flew a kite in the path of an airplane, you were open to prosecution. Lying to the FBI was always a crime.
Any pilots or lawyers reading this can either confirm or dispute the fact regarding interferring with an aircraft.
Ping... It's all Bush's fault this guy got arrested. /sarcasm