I don't think open source and not allowing people to break laws with impunity are at odds. Because there are laws governing airwaves. I think there would need to be some sort of legal entity (foundation?) that would need to steward open firmware + enable it to be locked down so regulations can be followed, but I don't think the two are somehow irreconcilable. The first example that comes to mind is how all the linuxes work with "secure boot" (all of its ridiculousness aside). I think it would be a more effort than that but I truly believe that it is possible to have trust and openness and following regulation. The idea that only a proprietary company can follow the law and comply with regulations is in my opinion strictly false.
That's a big part of the problem: enforcement doesn't scale. It's cheaper to restrict people by legal and technological means, than to let them use judgement and prosecute occasional abusers.