> Why are these service providers being punished for what their users do?
I think this is simplified. Certainly yes, if "all" Telegram was doing was operating a neutral/unmoderated anonymized chat service, then it's hard to see criminal culpability for the reasons you list.
But as people are pointing out, that doesn't seem to be technically correct. Telegram isn't completely anonymous, does have access to important customer data, and is widely suspected of complying with third party requests for that data for law enforcement and regulatory reasons.
So... IF they are doing that, and they're doing it in a non-neutral/non-anonymized way, then they're very plausibly subject to prosectution. Say, if you get a report of terrorist activity and provide data on the terrorists, then a month later get notified that your service is being used to distribute CSAM, and you refuse to cooperate, then it's not that far a reach to label you an accessory to the crime.
I think this is simplified. Certainly yes, if "all" Telegram was doing was operating a neutral/unmoderated anonymized chat service, then it's hard to see criminal culpability for the reasons you list.
But as people are pointing out, that doesn't seem to be technically correct. Telegram isn't completely anonymous, does have access to important customer data, and is widely suspected of complying with third party requests for that data for law enforcement and regulatory reasons.
So... IF they are doing that, and they're doing it in a non-neutral/non-anonymized way, then they're very plausibly subject to prosectution. Say, if you get a report of terrorist activity and provide data on the terrorists, then a month later get notified that your service is being used to distribute CSAM, and you refuse to cooperate, then it's not that far a reach to label you an accessory to the crime.