I guess i'm not familiar with all the issues.
It's an undue cost for manufacturers to certify software/security as long as # 2 is met. It seems like the manufacturers would have a vested interest to fight this. The public can claim a benefit from CPE running open software as it provides enhanced functionality, allows important experimentation, etc.
I would be happy to support a rules change effort though I don't have the fire in the belly to organize a petition group. The rules change process is well documented on the FCC web page. I belong to a club that has gotten other rules changed before so I know it can be done.
I'm a ham and have bigger beefs with the FCC right now. I'm currently trying to get an experimental license for low frequency operation and probably won't get it due to rules. (The issue is proximity to power transportation lines and interfering with PG&E power line communications. I'd like to think that PG&E would prefer to fix their vulnerabilities.)
--Martin