Should following that rule really chap anyone's ass that badly? Really?
I keep missing where someone is actually saying "really, it shouldn't be a problem for them" or whatever ... who is actually saying that?
Want to get an idea of it? Go out to a park, or a mountainside at night. Have your friend carry a 5mW green. Sit and look at the stars for a good 30 minutes. Call your friend on the cel phone, and have him shine the 5mW green in your direction.
You'll be surprised at the intensity.
This is a really good idea, which I would hope to model myself some day.
I have seen the video of the two people trying to align a 1W 445 across 1.6 miles; while they did so, and it was brilliant when spot-on, it was still not the size of the bloom that the FAA similation showed, for a <5mW beam. Thus, I doubt their simulation's accuracy.
This does NOT mean that I suggest anyone ever point a laser at a driver, pilot, etc. All it means is that I'd like for them to be accurate and not inflammatory. This would be for truth's sake at least, and to forestall exactly what you are suggesting -- i.e., some people's need to say "it's not so bad as they claim, so it's OK". Make it EXACTLY what reality is, then add on to that the details of a low-light-condition cockpit, provide an analogy, etc.
I know people look for loopholes -- it is human nature. Take away the possibility for loopholes, and leave the overview as simple as possible, and you will have the most impact.
Rational people who can think 1/2 step ahead that they might be the passenger of that pilot's vehicle, as long as they are not sociopaths, would never point in the first place, no matter how big the dot is at 11,000'.
You will still have malicious kids (of any age) do it. Remember: to a certain degree youth are sociopaths until they have been taught different. Older people who have never been taught better are still sociopaths. There is no reasoning with them, but they will happily use any logic flaw they can see to prove to you why what they did was OK.