A miner who knows where in the chain these files are could zero out the bytes, retaining just the hash of that area. Normal operation on the blockchain could continue, except that the miner wouldn't be able to validate any new transaction trying to spend the output that contains the illegal content. This doesn't feel like a loss anyone is going to worry about. The only affected parties would be the parties who put the data there, and presumably they aren't going to reveal themselves.
In other words, Bitcoin operation can continue with pretty much a non-controversial software change that allows miners to choose to ignore particular outputs.
If a miner genuinely doesn't know where in the chain these files are, then I'm not sure it can be claimed that the miner is in "possession" of it and the legal principle of mens rea will mean that the miner won't be criminally culpable in most jurisdictions.
In other words, Bitcoin operation can continue with pretty much a non-controversial software change that allows miners to choose to ignore particular outputs.
If a miner genuinely doesn't know where in the chain these files are, then I'm not sure it can be claimed that the miner is in "possession" of it and the legal principle of mens rea will mean that the miner won't be criminally culpable in most jurisdictions.