That makes no sense though; in case the thief / attacker finds a wallet that just erases itself to factory settings after 3 attempts, they can't recover it any more or less easily than if it destroys itself after the same amount of attempts, right?
My point exactly. If the argument is that bricking a device is safer than simply factory resetting because you cannot guarantee that all the data is destroyed with a factory reset, then they are pretty much admitting that they think data
can be extracted from their device via some method. In which case, whether the device resets or bricks itself is irrelevant, since no attacker would attempt to brute force an unknown PIN with 3/10/20 whatever attempts, and instead proceed to extract the data through whatever these methods may be.
Also, if the argument is that bricking is more secure than a factory reset, then the devices should come with a huge warning to never sell your device, give it to a friend, etc., since even if you factory reset it your wallets would be at risk. As far as I am aware, no device comes with such a warning.
What I can extract from available information by Foundation (since I've looked up more information about this wallet than any other) is this.
The Secure Element is configured so that if the monotonically increasing counter ever reaches the same value as in the Match Count slot, then it is no longer possible to read or use the PIN Stretch key in Slot 2 of the Secure Element – which means it’s impossible to hash the PIN with it, so there is no way to login to the device after that. The device is essentially “bricked.”
Passport allows a maximum of 21 unsuccessful PIN attempts.
I guess they chose to use the built-in counter mechanism of the secure element, to make sure that nobody is able to bypass the counter. If they stored the number in flash for instance, a skilled attacker could reset the number to 0 before hitting the n-th attempt at which it would factory reset (or brick itself). This could even be automated with relatively limited required hardware and combined with a brute-force PIN guessing script.
The downside is that the secure chip with this secure built-in counter probably doesn't have the ability to factory reset the device when the counter is reached, since it doesn't have as 'direct' and immediate, full control over the main processor, the type of acces it
does have to its own internal secure storage 'slots'.
Therefore it leaves you with 2 options:
(1) Use the secure counter of the secure element, but when it reaches its maximum value, it can only trigger a 'permanent brick' as it's not capable to factory reset the device.
(2) Use an insecure counter stored in flash, and have the freedom to do with your MCU what you want. Erase the flash, restore to factory settings, brick it, you name it.
I'm not sure that this is 100% accurate, but it may be a technical limitation actually.