From pictures on Amazon [0], a lot of cables being advertised as Type C USB3 are actually missing the 'SS' labelling, despite being advertised as 'Superspeed' (i.e. 5Gbps) in the description.
[0] https://www.amazon.co.uk/Anker-PowerLine-Durability-Devices-... - in this case, it currently provides a link "There is a newer version of this item" which links to a USB2 version(!).
Even a simple micro-USB on phones needed a pop-up to select what functionality the user wants to activate (charging, file transfer, host mode, debugging).
The problem is not new, but most software makers are stubborn miscreants that hate good UX (simplicity, discoverability, accessibility / introspectability, extendability). They usually champion one aspect to the total detriment of the others - eg GNOME3, phone OSes.
Why would it be silent? The computer would hopefully show a small notification that the transfer is happening slower than it would with a newer cable
If the computer can identify the device’s capabilities (using some kind of bus command, I’m not very familiar with the USB protocol) separately from speed testing the cable+device combination, no reason why it couldn’t work for USB 2/3/4.
Of course, this approach relies on the device accurately reporting its capabilities, which may not be the case for the more cheap-and-cheerful gadgets.
This is great for backwards compatibility, but can confuse users. You could have a TB3 drive attached to a TB3 computer by a USB cable with type C connectors that only operates at USB 2 speeds. It will silently fall back to a very slow transfer.
I don't know how the committee could have done much better though; this kind of fallback is important. Some mandated labeling would have helped a lot though.