Isn't this a bit over-reductionist, such as the people who claim that since all electronic images are represented by 0's and 1's images are just numbers and thus it is silly to ban an illegal image since it is just banning a number?
I think someone wrote an article about this many years ago called "the colour of bits" or something like that. Basically the idea that you can trick your way out of the law with "it's just a number" type arguments are nonsense.
If both were provably independently created at the same time, you would probably instead be having an uproar among scientists about the probability for such an event happening. It may still cause issues because the probability of such an event is so small, that the probability of the proof of their being independently created being wrong is the far more likely event.