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Recently, more people are paying attention to Ethereum's next major upgrade. The core of this upgrade, scheduled for the second half of 2026, is a mechanism called FOCIL (Fork-Choice Enforced Inclusion Lists, EIP-7805). In simple terms, it’s an attempt to make it technically impossible for block builders to selectively exclude certain transactions.
The reason this is important is that, in the current Ethereum ecosystem, a small number of advanced builders handle most of the transaction ordering. While efficient, this centralization introduces the risk of "censorship." For example, if regulations target protocols like Tornado Cash, builders tend to exclude transactions related to them. Since Tornado Cash was sanctioned by the U.S. Treasury, some validators have started blocking related transactions. FOCIL aims to fundamentally solve this problem.
FOCIL’s mechanism is quite clever. In each block production slot (a 12-second window), the protocol selects multiple actors to create an inclusion list. This redundancy ensures that if at least one honest actor is present, transactions can be forcibly recorded. If a proposed block ignores this list, the network considers that block invalid.
For user experience, this will be a significant change for those using privacy protocols like Tornado Cash. Currently, delays are common, but after the upgrade, transactions will be guaranteed to be processed within 1 to 2 slots (about 12 to 24 seconds). It’s a world where, as long as you pay the gas fee, your transaction is assured to be included on the chain.
However, there are debates. Experts concerned about legal risks point out that U.S.-based validators might be compelled to process transactions from sanctioned addresses, drawing regulatory scrutiny. The Tornado Cash example illustrates this: the protocol-level censorship resistance might discourage institutional investors from running nodes, due to regulatory concerns.
This upgrade works in conjunction with account abstraction (EIP-8141). It elevates smart contract wallets to first-class status and enables gas sponsorship. This could make complex privacy protocols like Tornado Cash easier to use.
As 2026 approaches, community discussions will continue on balancing this technical robustness with the evolving global regulatory environment. As exemplified by the Tornado Cash debate, achieving full neutrality and compliance is not easy. But for Ethereum to continue functioning as a “permissionless system,” it’s an unavoidable choice, I believe.