googling "amazon tracker device" turns up plenty of better options than airtags - things that are small, cheap, have longer lasting batteries, and importantly _won't alert the person I"m tracking_.
Obviously Apple can't argue that stalking was "unforeseen" since they added the anti-stalking features in there, but there comes a point where I don't think there is much that can be done and the technology isn't unreasonable to have as a regular consumer - at some point there is only so much to be done and it's the person doing the bad thing that is the one you have to go after. (I'm pro-gun control, but I'm anti-"sue gun manufacturers", or "sue the makers of cars that are efficient at mowing down people", etc.)