IANAL, but i imagine it comes down to how many legit purposes tor has vs the illegal ones.
I have no idea where the line is, but like we dont charge art supply stores with facilitating forgery, so some amount of bad usage is clearly acceptable.
All sorts of foreigners have been extradited for supposedly violating USC despite never stepping foot in America. They could argue the node operator facilitated money laundering that touched a US bank, that they conspired with a US person, a US CSAM victims likeness went through the node, etc etc.
USC has extraterritorial power about everywhere but NK, Russia, and Iran either formally or through influence.
I have no idea where the line is, but like we dont charge art supply stores with facilitating forgery, so some amount of bad usage is clearly acceptable.