It is also import to think about legal liability for the tuner. Tuners today work under the legal framework that it is legal to modify emissions equipment for vehicles that will only be used off-road or for competition use. Tuners do the old wink and a node and claim everyone that buys their tunes (or other aftermarket parts) is using them legally off-road even though they know the vast majority of of what they sell is used illegally on-road. However, there is a little bit of plausible deniability.
The "off-road only" argument no longer applies and plausible deniability disappears once they flip the tamper bit. There is no reason to flip a tamper bit back - the vehicle will work just fine with it flipped. Once you flip it back to fool a manufacturer or pass an emission test with illegal software the tuner is committing fraud and emission tampering.
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