Comment You can't be prosecuted for that, here's why (Score 1) 175
The way I understand Freenet and the Law, this can't happen.
You see, it isn't possible to prove that your computer had or ever transmitted the DeCSS code before the official connected. If the official asks your computer for the DeCSS code, your computer will give it to him if it is stored in your freenet space, or start asking other nodes for it if it doesn't have it. After it has been requested, it will be stored on your machine, and all nodes in the path it found between the official's node and the one that had the code.
But there's no way for the official's node to tell if it was originally on your machine or not. And I don't know the legal term for this, but I believe you can't be prosecuted for something that wouldn't have happened had it not been for the act of investigating. Example that was given to me: A cop works undercover posing as a prostitute, and arrests someone for soliciting her services. This person argues that they weren't planning on committing a crime until the cop was there tempting them, and they get off.
Correct me if I'm wrong about the legal stuff here, but it would seem to apply even more strongly when it was the act of investigation that caused the "illegal" act and it occured with out my knowledge.