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You don't change rules half way through the season unless it's for security reasons. Period.
The BD was there before the season started for the FIA officials to see.
Let's don't make a series more exciting by the lowest common denominator as other series do... this is F1, the pinnacle of creativity, engineering and racing itself.
If it is illegal then it should have been banned before it ever hit the tracks. Ban it for the 2012 season in the same way the f-duct was.