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"Now, the question is, how
> > important is our plausible deniability with respect to whether content > > was in our store before the request came in?" Well, pretty important if you ask me.
With the possibility that 'they' (RIAA, police,
prosecuter...) can't prove that it wasn't there before they requested it, you
have the possibility of countersuing them.
And in fact, while I believe in the USA it is allowed, in
many countries a judge will strike down a lawsuit/prosecution if he deems it
constitutes 'entrapment', because it is unlawful to do so.
Of course, it would be equally difficult to prove it
wasn't there before they requested it, but they can't deny the possibility of
it, and thus a judge may conclude that it might be entrapment, and give a user
the benefit of the doubt. After all, if it's used as a defence, it's for the
prosecution to demonstrate that it isn't the case.
So everything that makes it more difficult to know that,
is a good thing, as far as extra legal protection
goes.
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