The "legal" department is what is holding up most of the smart companies. Anyone who is looking to sell ANYTHING that defeats a federally mandated emissions device is going to be finding themselves in a great deal of hot water.
For years, the EPA had turned a blind eye to what the aftermarket was doing to vehicles in regards to emissions tampering. Most companies could get away with the "Not Legal for Sale or Use in California" disclaimer and go on their merry way. It became the responsibility of the
consumer to use such devices in accordance with state and federal guideline. Well, not any more.
Recently, CARB and the EPA wanted to shift the focus of responsibility from the
consumer to the manufacturer. They filed a lawsuit against a little known company called Casper's Electronics (see
http://www.epa.gov/compliance/resources/cases/civil/caa/casper.html). This lawsuit effectively put a stop to the idea that the aftermarket manufacturer is not responsible for the use or misuse of any device that modifies, tampers with, or defeats any state or federally mandated emissions device. With this precedent in their pocket, CARB and the EPA can now go after literally ANYONE who wants to make or sell such devices, and the penalties are severe and costly!
Now this is not to say that you, the consumer, still can't be held accountable. However, like the "war on drugs" was supposed to accomplish, stop the manufacturer/distributor and there is effectively no consumer. It's easier to go after a few, highly visible enterprises than it is to go after thousands of insignificant people.
Don't think this keeps you, the consumer, safe. Look at Napster... They got hit HARD and shut down for a while. However, the RIAA and the FBI are still chasing everyone from high school kids to senior citizens and emptying their pockets with stiff fines, not to mention threats of imprisonment.
So what it boils down to is that to some degree you don't own your vehicle any more. You license the use of it from the government. At least as far as engine management is concerned.
Be forewarned.