This is a privilege escalation attack, plain and simple. Using this, a non-moderator user can instruct the Community ♦ user to take disciplinary action against other users. In fact, they can answer ban other users under the right conditions – I've confirmed this (details not disclosed for obvious reasons). It's also difficult for moderators to detect when this is going on unless they're specifically looking for it – most moderators are aware of the issue, but this is still another thing for them to look out for.
Once this is fixed, we'd need a script to detect when people have been banned via this method, so moderators can review each case and correct them if necessary.
Updates:
- A viable, sophisticated proof of concept attack has been developed (moderator-only), involving this and some other (more deliberate) site features, to efficiently ban medium-sized groups of helpful, high-contributing users from day-old accounts. This is serious.