> I find these clauses at odds with one another in that the Failure to Report clause created a tangible duty upon the provider, which, were I a judge, would satisfy me that the provider was, in fact, deputized.
Absolutely not. That section requires a report under the circumstances where a provider has obtained “actual knowledge of facts and circumstances” of an “apparent violation” of various code sections (child porn among others). It doesn’t place on the provider the burden of seeking out that knowledge. In other words, it covers the cases where, for example, a provider receives a report that they are hosting a child porn video and are pointed to the link to it. Providers can’t jam their fingers in their ears and shout LALALA when they’re told they’re hosting (or whatever) CSAM and given the evidence to support it. They don’t have to do anything at all to proactively find it and report it, however.
Think of it like this. I, as a high school, teacher, am a mandated reporter of child abuse. It’s literally a crime (a misdemeanor) for me not to report suspected child abuse. But I don’t have to go out and suss out whether any of my students are being abused. That doesn’t make me a state actor for 4th Amendment purposes (although I am otherwise, because I am a public school teacher, but that’s a different issue).
