Recently, discussions about Ethereum's next upgrade have become more active. The core of the scheduled upgrade in late 2026 is EIP-7805, also known as FOCIL (Fork-Choice Enforced Inclusion Lists). This is an ambitious attempt to guarantee censorship resistance at the protocol level.

The current challenge for Ethereum is clear. A small number of advanced block builders control most of the transaction ordering. While efficient, this concentration creates a "bottleneck." Transactions related to regulated protocols like Tornado Cash could be significantly delayed if builders exclude them.

What FOCIL aims to do is decentralize this power. Instead of a single builder having final say, a randomly selected validator committee broadcasts an "inclusion list." If a proposed block ignores this list, the network's fork choice rules will consider that block invalid. This is a technically sophisticated approach.

However, the debate isn't solely about technology. If transactions related to Tornado Cash are forcibly recorded, validators residing in the U.S. could face legal risks. Some experts worry that this "legal suppression effect" might discourage institutions from operating nodes.

Meanwhile, Layer 2 developers like Tim Clancy argue that for Ethereum to function as a global settlement layer, it must remain neutral, just like the foundational internet protocols. If transactions are blocked at the protocol level, the network could lose its value as a permissionless system.

Technically, in each slot (a 12-second window), up to 17 actors are selected to participate in the inclusion list. This redundancy ensures that even if multiple actors go offline, a single honest actor can still record transactions.

As Vitalik Buterin points out, FOCIL alone won't work. It is designed to work in conjunction with EIP-8141, enabling native account abstraction and support for privacy protocols. Privacy tools like Tornado Cash are expected to function more easily within this framework.

Considering the impact on average users, those using privacy tools or DeFi protocols will see their transactions processed within 1-2 slots (about 12-24 seconds). This means reduced delays and increased predictability.

This upgrade is seen as a demonstration of Ethereum's commitment to its long-term roadmap. As 2026 approaches, the community's discussions on balancing technical robustness with evolving global regulatory environments are likely to intensify.