[BIP Proposal] Reduced Data Temporary Softfork

The email from Antoine to Dathon Ohm provides a comprehensive analysis of the legal considerations surrounding the implementation of filtering systems by internet service providers, particularly in the context of European law. Antoine highlights significant judicial decisions by the Court of Justice of the European Union (CJUE) and the European Court of Human Rights (CEDH), which set precedents on the balance between filtering electronic communications for illegal content and protecting users' rights to privacy and freedom of expression. Specifically, these decisions make clear that indiscriminate filtering systems infringe on fundamental freedoms and are not permissible under European jurisprudence. Notably, peer-to-peer software, including pre-Bitcoin technologies like BitTorrent, falls within the ambit of these rulings, emphasizing the importance of precise and limited interference with freedom of expression.

Antoine points out the absence of European legislation specifically addressing the publication of content within Bitcoin blocks. This gap highlights a broader context of legal uncertainty regarding the encoding or decoding of potentially illegal content via blockchain technology. Despite this, Antoine suggests that there is no pressing need to alter Bitcoin's consensus rules to address potential legal liabilities associated with the encoding of illegal content. Instead, he proposes the formalization of BIP documents focusing on the development of fuzzy encoders and decoders. These would introduce an asymmetric cost to decoding efforts, potentially making it impossible to decode certain content, thus offering a technical solution to the legal quandaries posed by the encoding of content within Bitcoin's blockchain.

This approach mirrors the use of sophisticated algorithms in other contexts, such as Minisketch, indicating that employing advanced technical measures to address legal and ethical concerns is both feasible and precedential. The email encapsulates a nuanced understanding of the intersection between technology and law, advocating for solutions that respect fundamental freedoms while acknowledging the complexities introduced by new technologies like blockchain. Antoine's perspective underscores the necessity of careful consideration of both legal frameworks and technical capabilities in navigating the evolving landscape of digital communication and currency.