I do agree that passkeys, implemented in software, should categorically prohibit attestation. I think the cost of needing attestation should be that you have to require/invest in the actual hardware tokens.
[1] https://support.yubico.com/hc/en-us/articles/360016648959-Yu...
This isn't a theoretical concerns. All of the groundwork (except device attestation at login) has already been laid:
- The US CLOUD act already says that service providers have to provide the government with access to all information they're technically capable of accessing.
- Microsoft's existing client debugging mechanisms allow them to pull files from windows machines with management approval.
Once there's a de facto ban on running web browser binaries that aren't produced by a FAANG (established by the passkey standard), all the vendors have to do is add MS-style telemetry / debugging, and it's game over. In all likelihood, there will be legislation in a few years that forces any holdouts to implement that sort of a mechanism.