Miners broke a social contract when they offered a spam API to bypass relay rules. So, yes filters need to move to consensus layer. I am disappointed that not enough node runners upgraded to BIP-110 so far. What's the point of enforcing 83 byte max on OP_RETURN via your node relay rules when a miner can mine a block that exceeds such limits ? They might as well upgrade to Core v30 or higher. Just take a stance, one way or the other.