MEV relays centralize power. These systems, operated by entities like Flashbots and BloXroute, act as private mempools where validators source transactions, creating a critical chokepoint for censorship and surveillance.
Why MEV Relays Are the New Focus for Watchdogs
The infrastructure designed to democratize MEV—relays and sequencers—has created centralized chokepoints. This analysis explains why these points are inevitable targets for financial surveillance and regulatory enforcement, threatening core blockchain properties.
Introduction
Regulatory scrutiny is shifting from token classification to the opaque infrastructure that powers blockchain transactions, with MEV relays as the primary target.
The SEC's new attack vector is infrastructure control. Regulators are not just suing exchanges; they are targeting the transaction supply chain that determines finality, a more effective control mechanism than chasing tokens.
This creates systemic risk. Relays like Titan Builder and Manifold now decide which transactions reach Ethereum's base layer, making them de facto gatekeepers subject to OFAC compliance demands.
Evidence: Over 90% of Ethereum blocks are now built by a handful of centralized builders, with Flashbots' SUAVE protocol aiming to decentralize this process in response.
Executive Summary
MEV relays, once obscure infrastructure, are now primary targets for regulators due to their systemic risk and centralized control over block production.
The OFAC-Compliant Censorship Problem
Relays like BloXroute Max Profit and Flashbots Protect filter transactions to comply with sanctions, creating a two-tiered blockchain. This undermines credible neutrality and has censored >$400M+ in OFAC-sanctioned transactions on Ethereum.\n- Centralized Chokepoint: A handful of relay operators control block inclusion.\n- Regulatory Precedent: Sets a dangerous standard for programmable compliance.
The Solution: Permissionless & Transparent Relay Design
Protocols like EigenLayer's EigenRelayer and ultrasound.money's SUAVE aim to decentralize the relay layer. The goal is to replace trusted operators with a network of bonded validators or a shared mempool.\n- No Single Point of Control: Eliminates the ability for one entity to censor.\n- Auditable Flow: All bids and blocks are publicly verifiable, reducing opacity.
The Economic Centralization Risk
Top relays capture over 90% of Ethereum's block production, creating a multi-billion dollar market vulnerable to rent-seeking and collusion. This concentration mirrors the pre-merge miner extractable value (MEV) problem.\n- Staking Cartels: Large staking pools can dominate relay selection.\n- Revenue Opaquency: Billions in MEV are extracted with limited public accountability.
The Solution: Enshrined Proposer-Builder Separation (PBS)
Ethereum's core roadmap aims to bake PBS directly into the protocol. This enshrines the roles of builders and proposers at the consensus layer, removing reliance on off-chain, trust-based relays.\n- Protocol-Level Guarantees: Censorship resistance becomes a consensus property.\n- Reduces Complexity: Cuts out an entire layer of ad-hoc infrastructure.
The Privacy vs. Transparency Paradox
Relays operate as black boxes, receiving private order flow from searchers. This hides predatory MEV like time-bandit attacks but also prevents public oversight. Regulators demand transparency, while users need privacy.\n- Watchdog Dilemma: How to audit without destroying competitive advantage?\n- Data Asymmetry: Searchers and relays have perfect market information; users have none.
The Solution: Encrypted Mempools & Threshold Cryptography
Projects like Shutter Network and Ferveo use threshold encryption to hide transaction content until block inclusion. This neutralizes frontrunning while allowing for eventual public auditability.\n- Frontrunning-Proof: Searchers cannot exploit visible pending transactions.\n- Regulator-Friendly: Full transaction history is revealed post-block for compliance.
The Centralization Trap
MEV relays are the new critical point of centralization, concentrating power and regulatory risk in a handful of opaque entities.
Relays are the new validators. The shift to Proposer-Builder Separation (PBS) outsources block production to specialized builders, but the relay is the mandatory intermediary. This creates a single point of failure and censorship that watchdogs like the OFAC now target directly.
Opaque selection creates systemic risk. A relay's builder selection is a black box. The dominant Flashbots relay controls ~90% of Ethereum blocks, making its internal logic and governance a de facto protocol rule. This centralization invites regulatory scrutiny and creates a fragile system.
Regulators target the choke point. The OFAC sanctions compliance demonstrated that relays are the enforcement layer. Censoring transactions at the relay level is more efficient for regulators than pursuing thousands of individual validators, making relays the primary regulatory surface.
Evidence: Post-Merge, over 99% of Ethereum blocks are built via the PBS model, with the Flashbots, BloXroute, and Agnostic relays processing the vast majority. This consolidation makes the network's liveness dependent on fewer than ten entities.
The Relay Power Concentration
Comparison of key operational and economic metrics for leading Ethereum MEV relays, highlighting centralization vectors.
| Metric / Feature | Flashbots (SUAVE) | bloXroute | Eden Network | Titan Builder |
|---|---|---|---|---|
Validator Market Share (30d avg) | 85.2% | 8.1% | 3.7% | 1.5% |
Blocks Censoring OFAC Sanctions | 99%+ | ~45% | < 1% | 0% |
Proposer-Builder Separation (PBS) Compliance | ||||
Cross-Chain MEV Capture (e.g., via LayerZero, Axelar) | ||||
Avg. Payment to Proposer per Block | 0.15 ETH | 0.12 ETH | 0.18 ETH | 0.10 ETH |
Private RPC Endpoint for Searchers | ||||
Integrated with UniswapX / CowSwap | ||||
Relay Operator Profit Margin (est.) |
| 85-90% | 70-80% | 60-70% |
From OFAC Lists to Relay Filters
Regulatory pressure is shifting from transaction-level blacklists to the infrastructure layer, targeting the MEV relays that determine block inclusion.
Relays are the new choke point. Post-Merge, validators outsource block building to specialized builders via MEV-Boost relays. This centralizes censorship power, as a relay refusing to propagate a transaction prevents its inclusion in any block built through that relay.
OFAC compliance is now a relay-level filter. Major relays like BloXroute, Flashbots, and Manifold implemented filters to exclude OFAC-sanctioned addresses after the Tornado Cash sanctions. This created a two-tiered system where compliant relays have a higher chance of winning blocks.
The censorship metric is measurable. The 'censorship resistance' metric, tracked by organizations like Rated and EigenPhi, shows the percentage of blocks built without OFAC transactions. Periods of high MEV can push this above 90% on Ethereum, demonstrating systemic risk.
The counter-strategy is PBS bypass. Protocols like MEV-Share and SUAVE aim to decentralize block building by enabling permissionless, competitive markets for transaction ordering. This fragments the censorship vector across many actors instead of a few relay operators.
The Slippery Slope of Enforcement
Regulators are pivoting from exchanges to the opaque infrastructure that powers them, where MEV relays control transaction ordering and billions in value.
The Centralized Censorship Point
MEV relays like Flashbots Protect and BloXroute act as mandatory gatekeepers for block builders, giving them unilateral power to filter transactions. This creates a single point of failure for OFAC compliance and market fairness.\n- ~90% of post-merge Ethereum blocks are built via relays\n- Blacklist enforcement is trivial at the relay level, not the protocol level\n- Creates regulatory arbitrage between compliant and non-compliant relay operators
The Opaque Profit Machine
Relays monetize their privileged position by extracting value through order flow auctions (OFAs) and proprietary block building, creating conflicts of interest and hidden costs.\n- Billions in annual MEV is extracted and redistributed through these systems\n- Lack of transparency on who profits from transaction reordering (searchers, builders, relays)\n- Retail traders face hidden slippage as their orders are optimized for extractable value, not best execution
The Protocol-Level Dilemma
Core protocols like Ethereum are designed to be neutral, but their reliance on off-chain infrastructure creates an enforcement loophole. Regulators can pressure relays without changing a single line of code.\n- Enforcement shifts from L1 to L2 and off-chain components like SUAVE or CowSwap solvers\n- Forces protocol designers to choose between decentralization and regulatory compliance\n- Sets precedent for targeting any critical middleware (e.g., The Graph, Chainlink oracles)
The "It's Just Software" Fallacy
Regulators are shifting focus from token classification to the centralized choke points in decentralized systems, with MEV relays as the primary target.
MEV relays are infrastructure. The SEC's case against Lido and Rocket Pool established that staking-as-a-service qualifies as a security. This legal precedent directly implicates relay operators like BloXroute and Agnostic, which control transaction ordering for billions in assets.
Relays create centralized points of failure. Unlike the distributed validator set, the relay network is an oligopoly. This centralized trust layer contradicts the 'decentralized software' narrative and provides a clear target for enforcement actions under existing financial regulations.
The precedent is Uniswap Labs. The SEC's Wells Notice to Uniswap did not target the UNI token or the protocol's immutable contracts. It targeted the frontend interface and wallet, the centralized points of user interaction and fee capture. Relays are the backend equivalent.
Evidence: Flashbots' SUAVE, a decentralized intent network, exists precisely to mitigate this regulatory risk by eliminating the need for trusted relays, demonstrating the industry's anticipatory shift.
The Inevitable Clash and Paths Forward
MEV relays are becoming the primary regulatory target as they centralize transaction flow and control.
Relays centralize transaction flow. They are the single point where builders submit blocks to validators, creating a natural chokepoint for surveillance and control. This centralization is more actionable for regulators than the distributed network of searchers or validators.
The clash is jurisdictional. Regulators will target relay operators like BloXroute and Flashbots for their role in enabling front-running and sandwich attacks, treating them as financial intermediaries. This contrasts with the hands-off approach to the underlying consensus layer.
Evidence: The SEC's case against Coinbase cited its staking service as a security; the same logic applies to relays that profit from transaction ordering. The PBS (Proposer-Builder Separation) framework, designed for decentralization, ironically created this centralized, targetable entity.
Architectural Imperatives
MEV relays have evolved from simple block-building utilities into critical, centralized choke points, making them the primary target for regulators and protocol architects.
The Problem: Centralized Control of Block Space
The proposer-builder separation (PBS) model outsources block construction to a handful of dominant relays like Flashbots Protect and bloxroute. This creates a systemic risk where ~90% of Ethereum blocks flow through a few opaque entities, enabling censorship and front-running at the network's core.
The Solution: Enshrined PBS & Permissionless Relays
The long-term fix is to move PBS into the protocol layer, as envisioned by Ethereum's roadmap. Short-term, projects like SUAVE and Shutter Network are building decentralized alternatives. The goal is to make relay operation permissionless and verifiable, breaking the oligopoly.
- Protocol-Level Guarantees: Eliminate trusted intermediaries.
- Cryptographic Privacy: Use TEEs or FHE to hide transactions from builders.
The Watchdog's Dilemma: Regulating a Black Box
Regulators like the SEC and CFTC are targeting MEV relays because they are identifiable, centralized businesses with clear jurisdiction. However, the technical opacity of MEV strategies (e.g., sandwich attacks, arbitrage) makes enforcement a game of whack-a-mole. The real battle is over data transparency and consumer protection.
- Auditability: Who gets front-run and why?
- Compliance: Can KYC/AML be applied to block builders?
The Builder's Arms Race: Latency as a Weapon
The competitive edge for relays is sub-second latency to searchers and exclusive order flow (EOF) agreements. This creates a toxic incentive to centralize infrastructure (proximity to validators) and form backroom deals, undermining decentralization. Projects like EigenLayer and AltLayer are exploring decentralized sequencing to combat this.
- Speed Kills: ~100ms advantages win billions.
- EOF Fragmentation: Splits liquidity and user experience.
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