It makes a difference in meat space. If an implementation makes it illegal for people to run nodes then people are less likely to run nodes. It doesn’t matter that consensus rules didn’t change.
If all individuals that run nodes suddenly stopped tomorrow because they credibly feared being charged with possession and/or distributing of CSAM, and instead used a single node from a centralized institution do you think that’s good or bad for Bitcoin?
What makes Bitcoin unique is that we can be sovereign and don’t need to rely on a third party for verification or broadcasting of txns. If that is no longer the case then we are just back to relying in third parties. How is this not obvious?