Precisely my point - moderated messaging in the modern era will ultimately be unenforceable.
Which is why I don’t see why certain services should be legally penalized just because they don’t happen to be E2E encrypted. Like if Telegram was instead e2e encrypted, why should that be legal if what they were previously doing wasn’t?
1) On the technical side, Telegram groups operate more like a bulletin board, content is posted and can be fetched over and over again, a bulletin board owner can be compelled to remove material and if non-cooperating considered to be facilitating. Signal is more like a conversation in the town-square or a letter box of sealed envelopes. Once the content is fetched, it's gone. If signal is made aware that certain envelopes contain material that needs to be removed, I'm sure they would do so provided they still possess them.
2) On the non-technical side, many countries have crimes that are all about who knew what and when did they know it and could that have acted (or did they have a duty to do so). Facilitating, accessory, accessory after the fact call it what you will but that's more of a legal / philosophical argument to be had about the legal system in general rather than telegram specifically. A situation were telegram was made aware of illegal activity and was hosting said content in the clear and did nothing is manifestly different from a case where those facts did not exist, in most legal systems.
So essentially what you are saying that because we couldn't catch the smart criminals who use e2e encrypted services we shouldn't catch the dumb ones either?
Which is why I don’t see why certain services should be legally penalized just because they don’t happen to be E2E encrypted. Like if Telegram was instead e2e encrypted, why should that be legal if what they were previously doing wasn’t?