in a phased array that is also a Tx this can be partially compensated for with higher dBm output power from the radio itself, but that's not the usage scenario we're talking about here.
The manufacturer bears responsibility for misuse given the current state of the market; this is why markets exist, to trade information. If there is a genuine inability to communicate, then the market ceases to exist.
Open societies favor markets for a reason: communication, open lines of communication, and stable ones at that. There are all kinds of ways a computer virus can infect a system that is automatic; consider the possibility that a virus has infected an "autonomous" control system for a moving vehicle. A mechanical coupling usually makes this impossible, a steering wheel.