Seriously, ask your kids. You seem to have plenty of negatives in the direction of both consoles, but you should ask your kids so that they can be able to use the device which better matches with their own social circles, since that doesn't seem to be a factor on your part of your decision.
Also I agree with the First Poster. This doesn't belong on an Ask Slashdot.
I'm sorry, you seem to be forgetting why the guy in Florida was fined. It wasn't solely the cell phone communications, it was more because he was jamming the 800MHz Public Safety band on either side of the 850MHz GSM allocations, because it's not really possible to make a "neat magical jammer" that only gets the cell bands. it's going to spill onto adjacent public safety and land mobile allocations.