This product has a fundamental problem. People want to use it for two mutually exclusive cases. Apple has to do absolutely everything they can to prevent people being tracked without their permission because people are already blowing the stalking aspect way out of proportion. Thieves don't want to be tracked, either. So it's an unsolvable problem.
I say this as someone personally aware of a case where an AirTag was used for stalking. That was one of many items on this person's long list of offenses. This person abused everything at their disposal including AirTags. Nobody can stop people abusing legitimate items. Everything is a weapon, as they say.
All Apple can do is officially declare them to be not for tracking stolen items, and be seen to be as anti-stalker as possible, because we live in history's most litigious society.