Except if I'm intending to troll, there's a loophole built in for me. All I have to do is claim I was keeping silent because I was nervous about scumtelling (or any other reason why it would be legit to keep quiet). Its a necessary evil to restrict it altogether in the same way that claiming to cheat is considering cheating when it really is a great reaction test.
I'll try to dig around for the discussion again but its not going to be changed. I acknowledge there is some legitimate strategy in staying silent, but I think the negatives of allowing such a niche play (ie easy trolling, silent alts) largely outweigh such legiitimiate strategies (which aren't really skill based strategies and something we want to emphasize anyways)