They can be charged civilly for the equivalent (child endangerment or something).
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...