That's a good point. The unique device ID is baked into the hardware, but it doesn't look like it can be read directly, so it might not even be able to put in logic based on the ID into the firmware anyways.
3 karma · joined December 24, 2015
This still leaves them the ability to remove their ability to do so in the future, by requiring the passcode to update the firmware on both the hardware itself and the secure enclave.