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So a distributed ledger that includes content that criminalized the mechanism that makes the ledger distributed? I am not a blockchain expert but that sounds like a way to criminalize the ledger or decriminalize CSAM. Forgive my ignorance...
Technically there is nothing preventing a mining pool from doing it separately, but the point is node runners should not be required to enable this behavior
If it doesn't end up in a block then it doesn't end up in the ledger. But if it is in your mempool then it's on your hard drive? Then its the letter of the law vs the spirit of the law? Again, forgive my ignorance...