This makes it sound like it represents control flow rather than data. If its presence does / can make a material difference on the output encoding, it strikes my non-expert ears as actively perilous to label such DNA 'junk'
We still don't know how hard bootstrapping it would be :)
If you prefer think of it as “spandrel” DNA in the sense used by SJ Gould.
Disclaimer: not a biologist, and would be interested in hearing from someone more knowledgeble than I, both about the Ptashne book and about recommended reading.
Also disclaimer: My only knowledge of this is from Nessa Carey's The Epigenetics Revolution and some additional online reading.
Basically it's like using a "buggy filesystem" (like ext2) that only shows the first ~16000 files in a directory. So having too much junk can hide stuff, having too little of it can uncover files that evolution carefully hid, and so on.
I did _some_ research on epigenetics during my MS degree. Spacing between sites was an important factor in our modeling of gene expression.