With that said we typically treat transport (phone lines, network connectivity) different than applications, and absolve the carrier of the traffic from the content of the traffic itself. With non-transport hosting it gets more complicated quickly.
But until the time we adjust our laws (and good luck with that) it's going to be difficult to nullify property rights and freedom of association of the property owners over the users of the services.
How exactly does your server get online without utilizing the private property of some entity?