Well, "misconduct" and "deliberately misleading" are pretty strong charges for a technical matter. There's always a tradeoff between security and convenience. Soghoian's framing of the issue is completely sensationalistic, befitting of MSNBC or Fox News.
I mean, reporting it to the FTC? The same FTC which fined Rock Star over the Hot Coffee mod? Which went after Viacom for Janet Jackson's wardrobe malfunction?
Unfortunately, government officials are not philosopher kings capable of making fine discernments among encryption protocols.