Can a spoofer not get filled on those spoofing orders?
Highly unlikely. The spoofer places orders below the best bid and above the best offer, and cancels almost immediately. He doesn't want to get filled. His purpose is to artificially distort the order flow, i.e. create an (false) impression that the orders are going in a particular direction.
If the regulators were really serious about this stuff they could just impose a minimum lifetime of an order on the exchanges - that way there could not be any spoofing to begin with (if that is a part of its "definition).
Yes, that has been proposed, and it would making spoofing very difficult and risky.
The market can take care of itself.
That's debatable. In the free market economy, we do have controls for price fixing, monopolization, unsafe products, and criminal enterprises.
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