> For decades, we've had a pretty consistent notion of what constitutes "network abuse".
Not at all the case. We still rely on the CFAA, which is extremely vague.
> It's traffic that threatens the stability of the network itself (such as spam and worm traffic).
Definitely not that.
> Obviously illegal stuff can be taken down by law enforcement.
Not really, no.
a) Jurisdiction can be unclear
b) There is no "shut down website" button that the government has. They have the ability to take over physical infrastructure if it is located in the US or they can request seizure of domain names (may or may not work!)
The point being that there are actually limitations to what the government is able to do to respond, even in cases where they would like to.
> But stuff that's simply "bad for society" is generally given a free pass.
Indeed it is the opposite. Most of the "policing" on the internet is done with very basic common sense. Software that exists to trick you into paying someone for "AV" software? Not actually illegal (mostly - the malware itself is not illegal, there may be wire fraud charges as part of the payment etc), but it's malware and it gets removed by hosting providers all the time.
> 1. Don't visit them.
No one who wants Kiwifarms taken down visits Kiwifarms. The issue is that Kiwifarms is a site dedicated to a community that attacks others. This isn't an issue of user consent.
> 2. Sue them.
Sue who? Again, you're talking about international issues, you may not even know who is involved because people use pseudonyms.
> Note that there is no #4 that says "harass everyone they depend on in an attempt to get them taken offline".
"harass" is a really disingenuous way to put it. Again, deeply ironic given that it was Kiwifarms who harassed Cloudflare. Tweeting "Fuck you for not taking them down" is not harassment (although Twitter would be within their rights to moderate such content!).
Beyond that, you haven't really made any argument for why the system you have described (which does not exist) is better. You haven't made a case for why it's important that we abide by your system, or why there's "no #4". I don't care, to be clear, but I see the argument a lot that "well it should be handled through the legal system" as if we have no agency in this world except to live to the fullest extent of the law's mercy and exactly no more or less.
Hosting providers are free to moderate their content. Diners are free to turn away customers who are not protected. Dang can delete message on HN. Google and ban spammers. AWS can disable accounts that abuse SES. And so on.