So long as possession can be prosecuted, any one of us ITT could be set up by malware. Possessing even the real stuff has to be legalized if this overpowered weapon of spycraft is to be broken. This political weapon is a legit concern in circles (See Tucker's Rogan interview).
You are grossly under-estimating the ability of the FBI’s cyber forensics teams to discern whether or not data was planted maliciously or produced overtly, as well as under-estimating the ability of the courts and a jury to understand when someone is willingly producing CSAM versus accidentally being in possession.
This prosecution is the first of its kind for the DOJ. It is highly unlikely that they would pick this case to take to trial if there was not certainty about the actions the perpetrator engaged in.
