Perhaps because there is no evidence of McLaren data in Ferrari's use? Stepney did say, after he mentioned it, that he didn't have any proof anymore. Funny that.
As for the flxible floor, it was 100% illegal. It was a stretching of the rules, that was clarifying as illegal after inspection and use. Therefore the car, whilst outside the regulations at the Australian GP, was in fact not illegal in principle.
Everyone knows how crap POP emails are - you should Sam. The FIA shouldn't have used that system.
Now, I'm certainly not saying the FIA aren't pro-Ferrari, because a lot of the time they are. Way over protective might be the term. Biased might be another. But not insanely biased by any means - there are plenty of occurences of Ferrari being walloped by the FIA.
Perhaps someone should compile an exhaustive list of FIA decisions against Ferrari, McLaren, Williams and Renault over the period of Mosley's presidency, and compare that with, say, the 10 years before that. It would be very very interesting I'm sure.
The trouble is all of us are too biased to see it. Ferrari fans feel they have been treated fairly, whilst McLaren fans think Ferrari have been arse-licking. Likewise, Ferrari fans think McLaren got off lightly, whilst McLaren fans think it was awful. It's unlikely anyone who knows anything about the sport isn't biased in some way, so we will never really get to see the truth until Bernie and Mosley's respective biographies are published at the earliest.