And this is the balance the devs have to walk...how to 'punish' a behavior without stopping the behavior completely.
It is very easy to stop every crime in the game. It is very difficult to punish the same behavior AND still expect people to engage in that behavior.
If to strong a response is created...people will be complaining and leaving over that...then the return to a less secure system...will cause others to complain and leave.
Crime and punishment is not black and white in a morally ambiguous game. And these shades of gray do not make the game conducive to play for those that demand black and white justice.
But that for me is the crux of the problem.
Some people want to fantasise playing a psychopathic rsole that blows stuff up for fun whilst giggling maniacally. That's fine if you're in an amateur dramatic society or a big budget Hollywood blockbuster where you know the victim is also an "Ak-tor".
But in this game - as we know - lots of people want to play in open to meet other people without being someone else's content whenever that person feels like it.
And that's where it falls down for me. Many of the non consensual PVPers refuse to acknowledge the fact that what they want requires a non-consensual victim - because "rules" and that's absolutely okay as far as they are concerned.
And that's where I think it does become black and white and where I believe you either need to have separate PVE login at the main menu or have a PVP flag.
Or FD could just be more honest about it;
Elite
angerous - trader!
Not sure if you're up for non consensual PVP and want your ship destroyed in seconds?
Well don't worry - in
Elite
angerous - trader we've taken care of it for you.
As an Elite

angerous trader we
guarantee to give you a free ship - with
zero chance of survival against anyone who feels like blowing it
up at any time*!
And not only that we will include the
**exclusive "Victim" and "Kick me" logos (just like the bits of paper people used to stick on your back at school) absolutely
free of charge!
*Obviously this is subject to the availability of one of our player "emergent content non consensual PVP" providers at the appropriate time. These people have lives too - we can't reasonably expect them to be available 24/7! That said - for the first 100 purchasers we will throw in our "blow up on take off" option for those players with little game time that just want their progress destroyed asap and don't have time to wait for a player content provider!
**Our exclusive products are guaranteed not to have been previously made available more than twice!