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magicjosh | 3 years ago

" If Apple has a legal obligation to ensure that iCloud does not store CSAM/etc"

My understanding is in the USA companies like Apple cannot be legally obligated to ensure that iCloud does not store CSAM. Something about the US Constitution, but I can't remember what. Apple is legally obligated to report CSAM if they come across it themselves though.

This appears to be the case in Europe as well. But may not always be that way. The EU appears to be working on legislation that can compel cloud providers to scan for CSAM: https://9to5mac.com/2022/05/11/apples-csam-troubles-may-be-b...

Welcome sources on this from others. Last time I dug into this was a year ago.

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unityByFreedom|3 years ago

> Something about the US Constitution, but I can't remember what.

The first amendment comes into play. The government cannot compel Apple to write software in a certain way, such as "write your encryption so you have keys that access all of users' data". That would be "compelled speech". So if the government provides Apple with a warrant, Apple can only provide encrypted or whatever meta information they have, not decrypted content.