I would like to point out that at some point in this debate the goalposts were moved from a civil case to a criminal one, and the liabilities (and harm) are entirely different.
The terms of service under discussion are about copyright infringement. The content itself is not illegal, and the dispute is about the rights to post it. Two very different things.
And, maybe the child porn isn't actually child porn. Maybe it is totally legal, consenting adults having sex on video, but the adult just looks like a child. Yes, this has actually happened (article in Spanish): https://archive.ph/20140811233956/http://www.eldia.com.ar/ed...
The porn star had to travel to the court to testify that she was 19 during the filming of the scene, otherwise the person may have received 20 years in jail for possessing "child porn". Posting that video on facebook wouldn't be illegal, it would just be against the ToS.
The proposed system is about who has the rights to post something, and a delay while that's figured out. However /nobody/ has the right to post cp, as it is /always/ illegal.
It is possible for something to mistakenly be identified as CP, so you're right there. I'm arguing based on your original supposition that it /is/ CP.
Also regarding
> I'm responding to this part:
>> First, I'd like users to get a reasonable amount of time to challenge any suspensions or bans before they take effect, using an internal appeals process
Nobody says it has to stay up during the appeals process, just that account suspensions and punishment have to wait. It's possible to have different takedown policies based on the level of accusation.