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That's irrelevant because it is illegal to go above 400ft with a model aircraft, which is before the zones balloon out any anyway. It's like saying being illegal once over or twice over matters.

It's not illegal, it's just not recommended per a previous FAA advisory. This is a common misunderstanding.

DJI software already has that implemented for Phantom 2: http://www.dji.com/fly-safe/category-mc

The FAA Modernization and Reform Act of 2012 specifies a blanket five mile radius around airports as requiring prior approval from ATC for model aircraft.

http://www.modelaircraft.org/files/HR658_020112.pdf