We announced that we might use PB at some point and it was accidentally activated (and quickly shutdown) in one of the clients. We talked about it here when it happened as well. (4th december 2008)
This is exactly what i mean. They can activate it at any point. The DLLs are loaded every time you start the game and all that is missing to start kicking butts is a control packet to launch the scan engine.
You have no clue how punkbuster works - we have successfull bypasses for punkbuster for other products and we actually know how the service works.
And by telling people it's safe to use public tools that gets you banned the moment they start scanning you clearly shows you do not know much about the PB service at all.
The reason they are not scanning currently is because the gameclient changes so fast their EAT is almost always out of date before they can activate the scan engine - once the WAR Client doesn't receive 3 updates per week PB will become active. We are not talking about if Punkbuster will become active, it's rather when it will become active...