[Spivak]

> This is about making them liable even when they aren’t aware of it…

There are two sides to this though. If you make a carve-out for ignorance you incentivize ignorance.

I think the argument is that if you’re not able to moderate your user-generated content at the most basic levels like running image hashes against the CP database then you shouldn’t be hosting it.

[sprayk]

> I think the argument is that if you’re not able to moderate your user-generated content at the most basic levels like running image hashes against the CP database then you shouldn’t be hosting it.

Then surely some minimum level of CP detection should be part of this section, right? If the requirements here are not defined well enough, then any company, from the smallest startup to a behemoth like FB, could be liable for some CP shared through the platform in a novel way that would have been impossible to detect.

[Renaud]

As you mentioned, there are ways to detect some pre-existing illegal content but having a notification mechanism in place can take care of the knowledge part.

Force providers to have a reporting system that feeds back a unique case code that can be quoted as evidence of knowledge. Then they have x days to investigate and respond.