So you are enabled to choose dust specks based on your prediction that the 3^^^3 people will waive their rights. However, you "don't have sympathy" for anyone who actually doesn't. Therefore, you are willing to violate the rights of anyone who does not comply with your predicted ethical conclusion. What, then, if all 3^^^3 people refuse to waive their rights? Then you aren't just putting a dust speck into the eyes of 3^^^3 people, you're also violating their rights by your own admission. Doesn't that imply a further compounding of disutility?

I don't see how your ethical theory can possibly function if those who refuse to waive their rights have them stripped away as a consequence.