and the answer in the form of a rhetorical question. should block get solved in milliseconds or in an average 2016block/fortnight(~10min)
whereby less blocks in milliseconds stops affecting the difficulty negatively(raising diff to make it harder(shooting self in foot))
Well, an average is just that, an average. It takes 10 minutes or milliseconds or an hour or more. I'm not a miner, I was trying to point out that you would not only penalise spam but also miners who have no bad intentions when mining empty blocks, but I recognise that potentially in the future they could agree.