hi Tom,
I think you can use passive with old Browser using a feature detection https://github.com/WICG/EventListenerOptions/blob/gh-pages/explainer.md#feature-detection
If “feature detection” is not good for you, it could be better to use the old system you used in GP 2.2.
I don’t think is a serious issue not to use passive listeners now, but it could have a little impact on SEO.
Google start giving warning to push in the right direction, then it change the algorithm and penalize this usage.
Anyway, if sites are slower or could have problems using passive with a “patch” for old browser or using the old gp2,2 way, it is definitively better to have the passive Warning.