An attacker with infinite resources that doesnt care about monetary losses...
I claim that such an attacker can bring any network to a standstill. So defending against this is not a high priority in the beginning.
I was very sleepy when I wrote my prior post.
I understand your point. You want to design a protocol that is at least immune to jamming against any attacker other than one that has super powers.
Yet the attacker with even meager resources could cause honest participants to lose fees and so they might get turned off from the system. For example, centralized exchanges may have this incentive. Or specific coins might have this incentive to jam DE on other coins (especially those who hadn't yet been listed on a major exchange).
So you proposed to refund fees to those honest participants. You admitted that users might not be prone to apply for a refund since 0.13% is so small. And I pointed out the DE would maybe have a financial incentive (while appearing to be the good guys) to jam each honest participant say 50% of the time, to increase fees to 0.26%.
I am trying to think of a way to make this practical and robust enough, unless we are facing a prolonged attack from a super power. I like the ideological intent of DE. I will now review your latest reply with a clearer mind.