This is technically not a bug, which actually makes it even worse.
With the ogame in its current state (low player base), it is normal to have communities with 200 players max and less then 100 active players.
Noob protection works in a way that you are allowed to attack players within 100 military ranks, no matter how many total points they have.
So here is an example of how this works in small communities/universes : top ranked player has 1 billion points and 500 million in military. A new player joins the uni, builds some ships and gets in Top 100 millitary as a result. This player can have just several thousand points... And guess what, everyone in the uni, including that top player with a billion points, can bash the hell out of the newbie.
Even at the start of the universe the protection is useless because everyone with ships will be in top 100 military.
The solution is simple - noob protection should look at military POINTS, not rank, to determine if a player will be protected or not.