The fees are the filter argument does not address the mempool issue that this change to op_return brings.
Because core 30 nodes will accept and relay 100kb files by default, this allows for files to be sent across the p2p network without having to get this transaction mined.
Criminals / bad actors can exploit this by relaying illegal data to their buddy on the other side of the world, anonymously and for free because this is all happening at the mempool level.
Yes, eventually after a period of time of this transaction not being mined it will be dropped from the node’s mempool, but by this point that illegal file has already been relayed to other bad actors.
In short: the removal of op_return filters in core 30 software creates infrastructure for an extremely effective, anonymous and free data relay / sharing service that will be exploited by criminals with illegal files.
This is not me being a purist saying “this is immoral”. This is me saying “this introduces a legitimate attack vector that governments and the powers at be who want to see bitcoin fail WILL use”.
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This is the first time I heard this mempool transaction use. And I'm agree with you, it could be a big problem.
You can do that now placing the data in SegWit/Taproot witness and it will be relayed.