The biggest difference is that the laws and precedents around phones come from a time when the expectation of privacy wasn’t long dead and buried. We’ve gotten used to having all of our activities tracked and recorded, and our data sold a thousand times a day. When you start with the assumption that ISPs will and should track everyone’s activity, then liability for not acting when they know they are enabling illegal activity makes some sense.

It’s wrong, and absolutely fucked up. But it’s just another logical step on the same path we’ve been heading down for a long time.