It's not possible to design a tracking device which isn't at least somewhat dual-use.
It seems relevant that the most shocking story they could put together was about someone who found the AirTag and got a protection order against their stalker.
That is, in fact, how it's supposed to work. If you have an iPhone, you can find it quite exactly by playing 'hot cold', that being one of the main intended uses, emerging your keys from couch cushions.
If you don't, you do have to install an app. I guess the alternative to that is for Google to build this in?
More than evidence that stalkers will use AirTags, this article demonstrates that it's a good way to get caught red-handed stalking someone, with tangible physical evidence that a court will respect and understand.
If I were out there offering advice to stalkers, I'd tell them to use an AirTag, because: fuck stalkers, they deserve to get caught. You'd be sickened how many times these people can jump out of the bushes at their prey before the police pay attention.
Just creating one with a fake protonmail email will make it quite difficult, though you will also have to purchase an iOS device just for that. Still not unthinkable.
You can even build your own tracker for some apple's network: https://github.com/seemoo-lab/openhaystack