I don't believe there is a way to differentiate a change address from a spend address or fake pubkey.
"Change output" is simply the last output of the transaction. There is no need to differentiate further. Fake pubkeys can't be spent anyway, as I already wrote elsewhere, so tools can be provided to erase them from nodes if someone really wants to put his data (fake pubkey etc.) into a change output.
For the incentive game, the dust limit increase is much more of a difference already to the status quo, than it would be the difference to except the last ("change") output.
One could even add one further condition:
Transactions as a whole must at least spend the "new dust limit", i.e. the dust limit would also work as a
minimum transaction value. This prevents that a lot of transactions with a single, small outputs and fake pubkeys and/or dust outputs for Taproot envelopes (Ordinals and Cia.) are created. Single-output transactions would then have to respect the dust limit too for that single output.
The incentive difference to your original idea would be absolutely negligible in this case.
Maybe an exception could be made if the change address is one of the sending addresses. This way, fake pubkeys would be prevented.
This would encourage address reuse and make the coins vulnerable to quantum attacks and create privacy problems. So it's a clear no from me. The "minimum transaction spending limit" is enough to prevent your scenario of separate transactions encoding data.
And my BIP would not allow for any possible confiscation. If you have sub-5000 SATs UTXO, you will be able to consolidate them at any time with other inputs. You just won't be able to send less than 5000 SATs to any address.
Without the change exception, a confiscation would happen if you want to pay a merchant with an output which is bigger than the amount you pay, but not by much. Let's say: Your UTXO is 14500 sats, and you have to pay the merchant 10000 sats.
If you have a wallet with less than 5000 SATs in it, you would not be able to send it. But you could send an other 5000 SATs to this wallet in other to consolidate the UTXOs to something of more than 5000 SATs.
This is not true but the other way around: you can always consolidate if you create a raw transaction. So that's not the problem. The problem is the merchant scenario. Or imagine you want to be flexible with fees via RBF. Then even a swap or a deposit to an exchange where you have to previously announce the amount, could lead to a confiscation if you have to add more fees.
So if you want this BIP to have any minimal support: just accept the change output exception without the "forced address reuse". The minimum transaction value will do the trick
