Couldn't you syscall into the kernel to set the flag, then return back into usermode with it set?
I have absolutely nothing good to say about Intel’s design here.
CPUs have done just fine doing constant time math for decades. It’s at best a minor optimization to add data dependence, and Intel already knows (a) how to turn it off and (b) that it’s sometimes necessary to let it be turned off. Why can’t they add a reasonable mechanism to turn them off?
I agree it's not great.