The wording of the legislation I quoted is, I think, intended to mean that the operator has to have had human eyes on the offending material at some point and so consciously knows the material is present.
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Ah, that would clear at least the first part of the question. But it would also get interesting afterwards. Here we have to wait how the bitcoin case will play.
Because now there are human eyes on that datablock.
And now.. What?
You know now that there is this kind of data.. But cannot delete it, without deleting everything from that point to onward.
Absolutely, this could at the very least cause a crash in the price of many coins! Time to invest in pitchforks!