One way around this is to just have someone else make the inclusion list, so that they don’t have this conflict of incentives. This does complicate things, because it requires moving to the inclusion lists being enforced by attestations rather than as a validity condition, but this seems anyway to be necessary for compatibility with SSLE. The simplest scheme is just to have a proposer make the inclusion list which is enforced for the next block, instead of theirs. Most of the time, two proposers won’t have common incentives, so one could make the list without any worry of giving up profits.
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