A report by the Proof of Stake Alliance and co-authors urges the Ethereum community to consider the legal implications of unconditional inclusion lists aimed at enhancing censorship resistance. Inclusion lists mandate that specific transactions be included in blocks, fundamentally supporting Ethereum's principles of credible neutrality. However, concerns arise regarding regulatory compliance as these lists may expose validators and network participants to increased scrutiny. The report stresses the importance of defining credible neutrality to preserve Ethereum's stability and protect its members. It highlights a tension between Ethereum's goals of censorship resistance and the regulatory realities faced by participants. Analogies to neutral data transmission protocols like TCP/IP suggest that regulators might focus more on application layers than the Ethereum base layer itself. Nevertheless, risks exist if regulators perceive inclusion lists as inherently opinionated. The report calls for further research on Ethereum’s credible neutrality and emphasizes the need for dialogue with policymakers to distinguish between blockchain infrastructure and specific applications.

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