You're assuming that perceptual hashes are uniformly distributed, but that's not the case. If I post a picture of my kid at the beach I'm far, far more likely to generate perceptual hashes closer to the threshold. Not to mention intimate photos of/with my partner.
Good point about the possibility of capturing a bunch of distinct photos with the same perceptual hash, either by taking a burst of photos or by editing one photo a bunch of times. I guess a better implementation would never upload two different encryption keys for the same perceptual hash and just send dummy data instead, but I haven't seen any indication that they actually do that.
yep. what if i take a burst of 12 photos that all incorrectly fall as a false positive to NeuralHash (which is a ML black box), and an Apple reviewer is now invading my privacy by looking at my photo library?