It would be very disappointing if any of the ESC manufacturers wilfully broke the zero timing rules in their software. I would hope the loss of credibility for anyone caught doing it would be enough of a disincentive.
Surely it is relatively easy to build a rig that piggybacks onto a motor in use and checks the timing of the signals through the sensor and power wires?
As far as the adjustability of non-restricted settings goes, that is something that was available in brushed ESCs, and it was never a problem. You could tune the feel of the car, but you wouldn't get any more speed out of it.
Next step is to fix the mechanical timing of the motors.