The 33% I believe came from reports last year about a 'selfish mining' strategy which claimed originally that 33% of the hashrate can be used to manipulate nodes to secure the remainder necessary for the full 50%,
The high-level overview of the attack is this: rather than acting as a normal miner and publishing blocks to the network immediately upon finding them, the attacker selectively publishes blocks, sometimes sacrificing his own revenue but also often publishing many blocks all at once and thus forcing the rest of the network to discard blocks and lose revenue. This does reduce the attacker’s revenue in the short term, but it reduces everyone else’s revenue even more, so neutral nodes now have the incentive to join the attacker’s coalition to increase their own revenue. Eventually, the attacker’s coalition would expand to above 50% in size, potentially giving the attacker a high degree of control over the network.
From bitcoin magazine
Personally I think greed and profit motive would prevent anyone risking this strategy, over simply mining honestly.
Also I really dont think double spending ought be a concern. Its not affecting the supply rate / total quantity of coins and, if someone attempted to do a double spend, they would be delivering into the hands of the victim of their crime, irrefutable evidence of themselves as the perpetrator (the signed double spending transaction). If merchants simply refrain from selling hugely valuable items to anonymous persons/parties (common sense) there likely will never be a case of fraud using this method.