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this post was submitted on 23 Jul 2023
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Technology
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He wasn't searching for it or knowingly distributing it. The way Tor exit nodes work is that you're hosting a machine that lets other people on the Tor network communicate with the internet. You're essentially routing a portion of the entire network's traffic through your machine. You can't really control who is using it or what it transmits at that point.
He got punished because somebody else shared CP, using his equipment to do so. It's like being jailed for having your car stolen and being used to hit a pedestrian.
Exactly this, except that nobody stole your car. You are providing free and no-questions-asked open access to your car for any member of the public who needs to use it. Many other people also used the car that day for legitimate business or for fun, but then one guy got in it and ran over 32 people in a furious rampage.
Clearly the driver is at fault here, but a case can be made (and apparently, was) that this would not have been possible had you not provided access to the car to the perp in question.
This is the equivalent of holding gun manufacturers culpable if someone buys a gun from them and then uses it to commit murder - right?
Gun manufacturers have special protection, specific legislation at the federal level singling them out to not be liable.
Protection of Lawful Commerce in Arms Act