As a peer-to-peer developer, I've recognized the same possibility: In the face of "uncooperative" courts, the Recording Industry Association of America (RIAA) may lobby Congress to outlaw P2P networks. While I share your fear, I can't imagine a precise formulation of law that would be effective. I imagine any attempt would either be too restrictive (chilling innovation) or too undefined (lacking teeth).
Lets hope that the RIAA takes a cue from Apple Computer instead of trying to delay the inevitable.
Susheel M. Daswani