This will be a mostly untested arena. The reasons I say this is that as you know APPS (sites & non-site APPs) run differently and therein lies the issue. And the crux lies in who runs the APP and
- The App is not run by the person who write the APP - very important
- Thinking of simple programs that allow say viewing of content, but no content supplied by the program writer. Can you name me one of these types of simple programs ever written that has seen the program writer/owner charged with a crime. I am not talking of criminal intent/activity actually written into the program, but simple viewing programs that allows people to keep collections of their content.
- The APP is run by the person viewing content - no criminal activity here except in countries that have a form of thought crime where one can be charged for viewing certain material online
- The APP is run by the user uploading their content to their files on the network and writing a record and all of that they own (not owned by anyone else)
- The program being run by another person, not hosted anywhere on anyone else’s server or personal computer, can then access the links written (and owned) by other people.
- Unless the person who wrote the program writes their own data then no data on the “site” is owned or controlled by the person who wrote it. The programmer owner has no control over the data, unless they write that function into the program, like a secondary indexing system.
In my opinion this is a new concept where the writer of a program that runs on an interconnect network does not actually run the program, its not a site hosted by them (remember safeNetwork site is not like a clearnet site, but is a Application which is a program). The site is entirely run/executed by the person using the site.
Because of this I think new legal precedence needs to be laid down concerning the writer of a site/program being used by others for criminal activity. In my limited opinion I would think they are safe unless a case can be made it was intentionally made for criminal activity. The closest is bittorrent program (not tracker sites) and the maintainers of it are not charged with anything and yet bittorrent basically does what you are talking of. Its the sites hosting tracker/seed information that are in trouble, not the program writer
And of course the person who uploads/links content breaching the laws is entirely responsible for their actions and really cannot be certain that they cannot be found out.