Re: Rather than making it legal...
As a DDOSer you are not making a point, you are not conveying an idea, you are not trying to say anything. What you are doing is making sure they I cannot say what I have to say. THIS IS NOT SPEECH, it's sole purpose it to deny the victim speech.
A flash mob may raise awareness. Normally someone will be explaining what it is all about, or have signs or some-such. A DDOS does not, because the users only see the site is slow. They do not understand your point BECAUSE YOU ARE NOT MAKING ONE.
We are not saying you have "mad haxzoring skillz" we are saying you are being destructive and disruptive to other's speech rather then taking the proper approach and legitimately speaking out, arguing what is wrong with your victim.
I have mitigated these types of attacks. The last one I did was not Anon, but the attack was much the same. It can be done, but it is expensive to do. Us in the real world are incurring costs because... well... I haven't figured out why. It's certainly not so you can speak your mind, because you aren't. If you wanted to you could put up a youtube video, or even your own web-site if you wanted.
Your goal is not the message, it is to cause harm. To be honest, I think the punishment isn't severe enough. I take speech vary seriously, even for those who have things to say I don't like. I would never harm their ability to speak their mind. It's a shame the fascists in anonymous fail to understand that.