Ethereum co-founder Vitalik Buterin has stirred the pot with his latest proposal: Fork-Choice Enforced Inclusion Lists (FOCIL). This initiative aims to bolster Ethereum’s neutrality by countering the centralisation of block builders. The idea is to prevent any single validator from having the power to exclude transactions, thus safeguarding the blockchain from censorship risks.
FOCIL’s Mechanism and Intent
Buterin’s proposal involves selecting 17 proposers per slot instead of one, with one proposer having the privilege to ‘move last’ and determine the transaction order. The remaining 16 serve as auxiliary proposers, whose transactions must be included in the block. This design aims to prevent a block builder oligopoly from having veto power over transaction inclusion.
The auxiliary proposers would not bear the computational burden of full block production, making their role more accessible to a broader validator base. Buterin envisions this model extending to smart contract wallets and privacy protocols, reducing reliance on centralised intermediaries.
Legal Concerns and Criticism
However, not everyone is convinced. Developer Ameen Soleimani has voiced concerns that FOCIL could expose validators and developers to US regulatory prosecution. He cites the example of Tornado Cash, where nearly 90% of validators once avoided processing related transactions to mitigate legal risks.
Soleimani argues that FOCIL could force validators to include flagged transactions, potentially incriminating them under US sanctions laws. He warns that US regulators might target validators, attesters, or even developers involved in designing such a system.
The Broader Implications
The debate around FOCIL highlights a critical tension in blockchain technology: balancing decentralisation with legal compliance. Discretionary transaction processing could reduce censorship resistance in permissionless networks. Mandatory inclusion aligns with cypherpunk ideals of unfiltered autonomy but risks deterring participation due to legal threats.
This issue ties into the broader challenge of maintaining the libertarian roots of cryptocurrencies while navigating regulatory landscapes. Historical data shows a shift from pure anonymity to pragmatic compliance, hinting that modern blockchain governance may lean towards regulated centralisation.
In conclusion, while FOCIL aims to enhance Ethereum’s neutrality, it raises legal and practical concerns that need careful consideration. The industry must weigh the benefits of censorship resistance against potential legal liabilities.
*Disclaimer: This article is for informational purposes only and should not be considered financial advice.*


