I think "state actor doctrine" is important here. The above poster wrote: "here Apple is conducting the scans and forwarding the results onto the Government for the purposes of law enforcement." If that were true, Apple would probably lose whatever class action suit was brought by the pedos. But in this case, Apple has every right to ensure that its servers and platforms are not used to disseminate unlawful material. They could always be held liable by victims or the state for failing to curb the kind of activity that is certainly happening today whereby people make icloud folders partially or publicly accessible. How is it different to charge for a subscription to an icloud folder vs a paid substack? Both of these companies share in the responsibility not to allow csam on their platforms.
a private company can always publish terms that grant them on-device or in-cloud access to whatever data they are manipulating or storing or whatever. One could argue that clicking ok on "we can manipulate your data" is legal umbrage for "running a hash search and forwarding material to fbi".
Is "post fib.gov" the new "Sunset Filter"? and can they run that filter automatically?
a private company can always publish terms that grant them on-device or in-cloud access to whatever data they are manipulating or storing or whatever. One could argue that clicking ok on "we can manipulate your data" is legal umbrage for "running a hash search and forwarding material to fbi".
Is "post fib.gov" the new "Sunset Filter"? and can they run that filter automatically?