I can think of two theories: 1. It's a mistake. Someone in legal got carried away. 2. The performance of the L1TF mitigation is so awful that someone at Intel thought it would be a good idea to try to keep the performance secret. (Which leads to option 2b. The performance of the L1TF mitigation is so awful that somemone at Intel is afraid that Intel could be sued as a result, and they want to mitigate that risk.) I w…
It works for Oracle (it is famously illegal to publish benchmarks of DB2 vs other engines), I'm sure intel can make it work for them thanks to Oracle's court case(s).
Anyhow, specifics aside, you do make a good point.