http://www.dhs.gov/xnews/releases/pr_1212498186436.shtm
On Aug. 1, 2008, the department will begin to accept voluntary applications through the ESTA Web site at
https://esta.cbp.dhs.gov.
Until ESTA is mandatory for all VWP travelers, however, ESTA applicants will also still need to complete an I-94W form en-route, for presentation at a U.S. port of entry. The Secretary of Homeland Security is anticipated to publish a notice in the Federal Register by mid-November 2008, announcing implementation of mandatory ESTA requirements on Jan. 12, 2009.
I can only imagine that it has not become fully mandatory yet?