A typeface design, in the U.S., no, but the digital font file comprising outline data and instructions, according to current U.S. law, for an overview of current case law and a proposal see:
If it were the same file, it wouldn't be a "knock-off." It would be something like Optifonts. Very frowned upon, but definitely not illegal. Also, the kerning is usually trash, there will be way too many nodes in the vectors, and things may be missing. Annoying to work with, but in the case of Optifonts, free (because they're long out of business.)
There's no evidence XBAND Rough was extracted from a digital source bit-for-bit, unless someone can point to any?
It seems like it was just a hobbyist project to recreate the look of the font from the anti-piracy ads? Which is 100% legal.
Edit: OK, so the original font appears to be "FF Confidential"? Why didn't the post even mention that? So maybe it is a digital clone, which would be illegal. But then strange that there aren't any DMCA takedowns of it on major font sites?