First off, I do not think this problem will continue past launch in any significant fashion. At some point these “beta tourists” will come to the realization that sailing a man down by choice is an unnecessary handicap.
Currently, the beta (which should be filled with alpha testers and pre-orders) has somehow been inundated with people who bought a key off eBay. I’ve spoken to several, myself. The three-man crews seem to be either friends who want no outsiders in their ship, or non-English speakers who only want their people talking to them, in my experience so far.
As to solutions, adding a “kick” would amount to the same thing, except it would take away any chance of response.
I spent a good 40 minutes yesterday playing the first few notes of a sea shanty, then starting again from a ship’s brig, until they finally released me. Realizing the crew of mimes had no clue what they were doing, (who learns about brigs before learning how to store supplies and adjust sails?) I stuffed their remaining supplies into my pockets, gave a jaunty wave, and jumped over the side to relog and find a new crew. It was petty, I know, but made me feel better about my prison time.
Three-man locked crews would legitimize their behavior, and i’d rather see people meeting strangers, than simply locking everyone else out as a matter of course. Likewise, the time and effort to balance a three-man ship is time I’d rather see devoted to content we can all enjoy.
Here’s my two-part semi-solution: first, steer people with active in-game mics to the same instances, and those without to their own. People tend to be less a****e-ish when they have to talk to you.
Second, put a timer on the brig function so that you cannot be instantly imprisoned when you log in. A couple of minutes of interaction would make this behavior less prevalent, while still allowing the brig to serve as troll deterrent.