As to what the proper response to shorting is, I expect the response OUGHT to be to outlaw selling that which you do not own.
Again, recall that shares sold short have been borrowed from another stockholder who has (in principle) loaned the shares knowingly. To ban that would be akin to making it illegal for me to drive an Avis rental car despite whatever contract Avis and I agree to. Sure, brokerages might not offer the service to all customers, but what's to prevent big players from arranging to borrow shares personally? (Indeed, isn't that how very big short sales are usually arranged?)
No, to ban that would be akin to banning you from SELLING a rental car.
ya, not the best analogy... I think a better one would be as if it were to be made illegal to provide compensation for products or services not yet rendered or transfered... in other words, "credit" would be illegal.

