> The mistake is clear from the design
There is no fundamental reason why speculative instructions should be allowed to mutate the cache.
OTOH the contention-based side channel attack on speculation has been public knowledge for over a decade. [1]
[1] Z. Wang and R. B. Lee, "Covert and Side Channels Due to Processor Architecture," 2006 22nd Annual Computer Security Applications Conference (ACSAC'06), Miami Beach, FL, 2006, pp. 473-482. doi: 10.1109/ACSAC.2006.20