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Someone managing an exit node is effectively running an ISP - presumably in the USA they get protection under safe-harbour provisions like those of the DMCA (17 USC 512).

Aren't there also safe-harbour provisions for transmission of lewd/indecent content and for trademarks, libels and such?

Of course there being legitimacy of your actions in statute [if indeed that's the case] wouldn't mean you don't get hauled off to jail.

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I don't think those provisions have ever been tested in court by an exit node operator.

No exit node operator has ever been taken to court over something like this. The police eventually realize their mistake, realize the Tor node is of no help to their investigation, and move on.

As more law enforcement become literate in technology and become aware of what Tor is, this will happen less than the vanishingly improbable rate that it happens now, until it never happens at all.

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