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 > For relay to be compliant with the protocol (now or in the future) is enough to not return deleted notes,

Also, they can choose to not be compliant. What is anyone gonna do about that? Be angry and scream "you're not compliant"? 
 Openly non compliant relays are much better than relays pretending to be compliant. You can at least theoretically choose not to use it, but still someone else can broadcast your notes on it. So yeah, in reality the only difference is the deception.