Owen,
Can't you see the fault in your argument? You are suggesting that a member needlessly creates a tunnel to HE just to satisfy the needs of the current policy... that seems wasteful and a stupid hoop which just gets around the policy.
I might as well just offer free peering with a couple of routes to my ASN for anyone who wants to satisfy the policy.
The point here is fixing a requirement that is so easily avoided, it needed be there in the first place.
All you are doing is causing people to create route-object garbage so that they are able to run their networks the way they want to.