I'm talking about adding in mechanisms to support restrictions because of current legal situation. If you add in extensions that help DRM video, why not start adding in support for extensions that can prevent SSN or medical history from being displayed on the screen unless the local machine sends a valid fingerprint signature to the server? Of course that sounds ridiculous. Something like that doesn't belong in the spec. I fail to see the difference between that and EME.
I would argue the exact opposite.
This is more a problem with the developer of said site and not an issue with XMLhttprequest as you can build apps that are progressively enhanced for it and don't fail completely when JS/XMLHTTP is disabled.
Specs have had business concerns in them since... ever.
An obvious "business concern" is that any replacement system will accommodate future legislative changes. This has nothing to do with the functional (user) requirements (form design and submission process), and yet might dramatically change how you design and write such a system.
DRM, or rather the encryption scheme that makes it DRM, is much the same in that a design that supports it could similarly support related but more benign capabilities, such as compression or translation.
That too will influence an implementation, and makes such a non-functional requirement as important as a functional requirement.
And when we live in your Star Trek-style technoutopia, then we won't have to worry about business concerns in specs. Specs have had business concerns in them since... ever.