I think it'd be fair. Don't they have the choice to play it safe? Imo, they could be playin' it a little more safe, if you know what I mean, on some missions.
Though to think of it, isn't part of the problem the fact that *all* infiltrator actions can cause bans? On one side, one can loot, initiate takeovers, and kill in battle, but will never be able to be banned.
Heck with battles and looting, you can commit high treason by defecting with the capital and still not be banned.