I agree with you that an IP shouldn't, in every case, be your personal identity and that legal situations should take context into account. Everyone from advertisers to the government uses your IP address as a personal identity for you, though. It unarguably leads investigators to your person, and that's our only real method of dealing with cybercrime. Leading investigators to an incorrect individual seems different than to an obvious wall, such as a VPN, that would require a lot of effort and justification on the investigator's part to break through.
Risk-less society in what way, if you could rephrase?