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Maybe we still don't need that and just need to ask miners. But yeah it's a big issue
Ask miners what?
Which tx they'll include
Isn't it called pre-consensus?
I don't think so. In pre consensus they don't disagree on which tx is the valid one, where as here they can and you have to ask all the miners to see if it's a double spend attack
In pre-consensus they agree which one will be included in the next block. Are you talking about double spend proofs?