Earlier quoted context omitted.
Yeah, I think that's basically what the FBI agent they interviewed said. There's nothing for him to do and it would be entirely up to prosecutors to do anything. Part of the wrench is that kik can show that they do some sort of things that possibly qualify as "moderation" under the law. Things like auto-banning bots. So in court has apparently successfully kik has made the claim that they do moderate based on things…
This would be easy to prosecute, assuming the allegations are true. They don’t have a working DMCA contact, so they lose safe harbor. They could have the lawyer testify that her client’s underage nudes and related dmca takedowns were never removed, despite court order to take them down. That’s obviously not a special case, so they could spot check a few dozen prior cases, and show non-compliance for those too. Of cou…
the fbi's real world response would be "let us introduce you to some canadian officers, and we're going to help, but it's actually up to them"
still, as the former owner of an ISP, i've had to do this, and they're actually quite professional and reasonable about it