There IS a mental element to possession in UK law:
> Section 160(1) creates an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession. [...] "Possession" involves both a physical and mental element. [...] The mental element is knowledge. A defendant must knowingly have custody and control of the photographs found on the device in question.
Downloading the blockchain, should it contain such images, would constitute "making", but it subject to similar mental requirements:
> The act of making or taking the indecent photograph or pseudo-photograph must be a deliberate and intentional act, done with the knowledge that the image made is, or is likely to be, an indecent photograph or pseudo-photograph of a child.
I suspect that not knowing that the blockchain does contain such images, not having knowledge of which transactions do, and that it requires specialised decoding rather than just being embedded per se/a default/intended usage would be enough to raise a defence.
> Section 160(1) creates an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession. [...] "Possession" involves both a physical and mental element. [...] The mental element is knowledge. A defendant must knowingly have custody and control of the photographs found on the device in question.
Downloading the blockchain, should it contain such images, would constitute "making", but it subject to similar mental requirements:
> The act of making or taking the indecent photograph or pseudo-photograph must be a deliberate and intentional act, done with the knowledge that the image made is, or is likely to be, an indecent photograph or pseudo-photograph of a child.
I suspect that not knowing that the blockchain does contain such images, not having knowledge of which transactions do, and that it requires specialised decoding rather than just being embedded per se/a default/intended usage would be enough to raise a defence.
https://www.cps.gov.uk/legal-guidance/indecent-images-childr...