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When it comes to Apple and privacy, it's important to differentiate two different types of privacy: (1) privacy against snooping by the state, and (2) privacy against snooping by all others. As we had seen with Apple and China, it's only the second type of privacy that Apple cares about. Sharing your information with the state is not out of character for Apple. In fact, had they done the opposite, it would have been out of character.


Apple cares about #1 when they feel the requests are not legal. https://en.wikipedia.org/wiki/FBI–Apple_encryption_dispute

Apple has to comply with the law, however.


What law prompted this new feature we are discussing here?


I don’t know, and I’m certainly troubled by the story.

There is a federal law requiring electronic service providers to notify if they spot such material. Apple may be subject to that. See the “Federal CSAM Law” section here:

https://cyberlaw.stanford.edu/blog/2020/01/earn-it-act-how-b...


Wow. Okay, so my theory about them trying to stave off future legislation is likely correct.


I assume 18 USC 2258A, but they seem to be going above and beyond. Under current law, they are only required to report, they are not required to prevent[1].

Presumably, they are doing this voluntarily now to stave off future legislation around this that might require more invasive scanning.

1. 18 USC 2258C(c)


It doesn’t make sense to expect or hope any company will protect us from the state.

A big, rich company like Apple will have some leverage, but if the state is determined that won’t matter.

Our controls on the state will need to be outside of private companies.




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