You cannot open a channel to whatever node you want to and expect your wallet to work reliably when your node is offline most of the time or for a longer period of time.
So then you will have to choose whether you want reliability or not. My point was that you have the option. You cannot have it all.
But the longer I think about it, the more it seems like a matter of charging some extra fees for mobile peers and not so much about regulation for lightning service providers.
I think regulation for wallet developers and LSPs is a real concern. But it cannot destroy Lightning, because you can always to connect permissionlessly to other peers. It might make Lightning suck though.