Having child pornography in your pocession is a crime. If MSFT has indexed without showing any good faith effort to avoid indexing then the DOJ can and should prosecute them for the felony that it is.
That really depends on the legal domain one is operating in and even between those where it is a crime, the definitions as to what constitutes as "child pornography" and what not, isn't as easily drawn as some people like to think [0].
[0] https://www.gazettelive.co.uk/news/teesside-news/anime-fan-c...
https://www.microsoft.com/en-us/photodna
https://www.theguardian.com/society/2013/jul/27/social-worke...
https://www.huffingtonpost.com/2013/07/30/bing-child-abuse_n...
https://blogs.findlaw.com/blotter/2014/04/what-happens-when-...
I don't know what Microsoft might be guilty of here, if anything. But corporations can be indicted.
Almost every other crime take in account the mind of the accused. Someone who forgot their dog food was on the bottom of the cart and leaves isn't committing theft, as long as they go back and make it right. And on the other end, we execute people who conduct premeditated murder. And also we take in account an accidental homicide due to negligence (manslaughter) as a limited punishment.
And worst yet, how do you tell a 17year364days old's image on pornhub and 18year old's picture? You get arrested for CP on the 17.364 image if you're caught and they know it's bad. Did it matter if the minor perjured themselves? Nope. Did they use a fake ID? Who cares. You're at fault.
Strict liability is absolutely in place in many states.
https://kellerlawoffices.com/child-pornography-accidental-po...
1. https://www.mercurynews.com/2018/12/28/state-ag-if-pge-cause...
Specifically:
> If MSFT has indexed without showing any good faith effort to avoid indexing then the DOJ can and should prosecute
That's not how it works. At all. That part right there.
"We don't care the reason or mitigating circumstances you have, or even if you did it. You have the $thing , so you're at fault."
(The -1's, this is how statutory crimes work. I'm stating a fact, not making ethical determinations about it. I personally think that mens rea absolutely needs to be incorporated at a minimum.)
For instance: https://kellerlawoffices.com/child-pornography-accidental-po...