This is neither, just an observation that most law-making entities, when they write those laws, include the funding/means/plan to enforce it.
I think you are (correctly) highlighting one part of the inherant nature of a decentralized system. In order for Node Providers to truly own the nodes, they have to literally have FULL control over the servers, over the access to them, etc. Does the IC own and control the nodes, or do the NPs? I don’t know much about how miners and stakers on other blockchains operate, but how have those blockchains ensure that server owners haven’t given access to other people, who might also have access to other mining servers? Is there anything to be learned there? I know that when someone rents space in a DC, that person—and no one else—controls who can access whatever they put in that rented cabinet space.
I think I’ve given you all the context that I have, as well as some thoughts (some of which are playing devil’s advocate because I think all sides of the equation need to be considered). I (and I think everyone) agree that there are still risks that need to be mitigated. You are welcome to join the Working Group meetings where some of this is discussed.
I will be traveling over the next two weeks and will not have as much time to dedicate here, but I thank you for your passion for the security of the Internet Computer!