"fake signatures" to inscript arbitrary data is obviously a "fake tx", obviously due a consensus flaw that compromise security, obviously too.
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Not fake signatures. Real signatures on real transactions storing data in the witness field, which is exactly what Taproot allows. Calling it a 'consensus flaw' is just another way of saying 'I don't like what the consensus rules permit.' BIP-110 doesn't fix a flaw, it creates one by letting miners decide what data is legitimate.