So a software developer is held responsible for the software. If the software is largely SaaS, then I can see the sense in that. A software developer of SaaS is also a service developer, arguably even a service operator although that depends on how the service is developed and operated. I'm sure the judge will be thrilled to have to listen to arguments about the with the nuances of dev, ops, devops and a distributed…
It seems reasonable to expect that Ethereum operators share responsibility in case of usage of their network for malicious or criminal activity. They have the technical means to control what goes on there or not. Otherwise it's like if you run P2P nodes and claim pedo pictures aren't your problem.
It’s just a program that runs and guesses a bunch of salts that hopefully result in a hash that meets some particular parameters (e.g. starts with 5 zeros). You want to be the first to guess correctly so you win the reward for that block, so any sort of investigation doesn’t make sense. From what data was stored on-chain in that block and whether it may be problematic (or even what the data represents), to which contracts were involved (and whether they have criminal ties), it’s just not reasonable for any miner to take responsibility for the block chain operating as expected.
I think this is the core issue with the block chain, is that society has always expected there to be some moral agent that you could hold responsible. Except in cases of natural disasters, you can normally blame someone.
But with blockchains, it’s a lot harder to place blame on someone, or link a physical person to the online identity.
Similarly with the 2008 GFC, everything was abstract enough that almost nobody got in trouble for a situation that was most certainly man-made, but hard to place the blame. At least then, though, the government had some amount of control over the banks and also relied on them to return society to normal.
Through the government’s eyes, block chain doesn’t appear necessary for society to operate and is very difficult to regulate, so I’m sure their tolerance is a lot lower for blockchains when financial crimes crop up from it.