diff --git a/index.bs b/index.bs
index fc2e010..ea9497b 100644
--- a/index.bs
+++ b/index.bs
@@ -1212,7 +1212,15 @@ spec: encrypted-media-draft; for: EME; urlPrefix: https://w3c.github.io/encrypte
         categories, within which capabilities are similar thus minimizing
         effective entropy.
       </p>
-
+      <p>
+        An alternative design approach in which sites expose the available media
+        formats and browsers evaluate these against capabilities, returning only
+        the chosen format was considered. However, this would not in fact offer
+        a privacy benefit since sites could use the API repeatedly to obtain the
+        complete capability set. Stringent rate limiting of the API could interfere
+        with normal site behaviors such as speculative preparation across multiple
+        playback items.
+      </p>
       <p>
         If an implementation wishes to implement a fingerprint-proof version of
         this specification, it would be recommended to fake a given set of
@@ -1221,8 +1229,11 @@ spec: encrypted-media-draft; for: EME; urlPrefix: https://w3c.github.io/encrypte
         degrade the user's experience. Another mitigation could be to limit
         these Web APIs to top-level browsing contexts. Yet another is to use a
         privacy budget that throttles and/or blocks calls to the API above a
-        threshold.
+        threshold. Additionally, browsers may consider whether a site goes on
+        to make use of the capabilities it detects and apply more stringent
+        controls to sites that are observed not to do so.
       </p>
+
     </section>
   </section>
 </section>