By definition, hack-a-shaq is an intentional foul. Therefore, any time that someone just goes up to Jordan and lazily fouls him, it should be 2 shots and the ball, as the rule states. I really can't stand watching teams continue to get away with it, and the only deterrent, imo, is to enforce the original rule, because this has really gotten out of hand.
So are fouls to stop fast breaks, fouls to stop mismatches in the post, fouls at the end of the game and fouls to stop play when someone is hurt. Intentional fouls happen all the time for a variety of reasons. It would change the game too much to start calling all of these situations as intentional fouls.
Hack-a-shaq isn't aesthetically pleasing, but it is a part of basketball at every level. Silver might change the rule to appeal to the casual viewer, but there is no basketball reason to make the change. A better solution? Make your fts at a 55% plus rate and the strategy will disappear.
You can't foul to prevent a fast break now, though, because of the crappy clear path rule. Fouls at the end of the game are also intentional, obviously, as most of the time no one even tries to make a play on the ball, but the hack-a-shaq strategy has simply gone too far, imo. Furthermore, fouling because of an injury isn't nearly the same as purposely sending someone to the free throw line, because most of the time that's done just to stop the game so that the injured player can get the medical attention s/he needs. All I'm saying is that said strategy is pretty obviously done intentionally, and should be treated as such, imo.
Btw, where have you seen people employ this tactic at an elementary school level, because I've never seen that occur.