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All of this is solved by letting miners enforce the rules: orphan blocks if you don't like them. The problem is that exchanges will probably keep following the longest chain allowing the empty-block miner to cash out coins on his fork of the chain ? unless they detect the chaintip fork and stop all withdrawals for a long time until he is bankrupt, but it's risky because it's a bet on which chaintip fork will bankrupt the other first, and another reason why honest miners should have other revenue streams that go alongside with mining (transactions fees, retrieval fees etc)