Comment by schoen

Those cases are going to implicate significantly different legal doctrines (e.g. the former might be covered by the CDA immunity and the latter is probably not), but I imagine EFF would historically have preferred to protect the services from liability in both cases. I can't prove this conclusively because the issue didn't come up in a similar form while I worked there.

If it was about capabilities of downloaded software, I don't think it would even be a close question. For cloud services I can see that it can get more complicated, because the service operator would be straightforwardly able to choose to have more knowledge or choose to exercise more control. (But in other cases where the services had a somewhat more passive role, EFF regularly argued that companies shouldn't have to proactively monitor how people used them, even if they could.)