Apple defeats liability for not scanning iCloud for CSAM(blog.ericgoldman.org)
428 points by speckx 22 hours ago | 449 comments
tl;dr: A California federal court dismissed a lawsuit alleging Apple's failure to scan iCloud for CSAM constitutes a design defect, ruling Section 230 immunizes Apple because the claims treat it as a publisher of third-party content. Judge Wise sided with Apple but expressed unease, suggesting lawmakers—not courts—must mandate CSAM scanning if they want it, while acknowledging the significant privacy tradeoffs of breaking end-to-end encryption. The case is now positioned for Ninth Circuit appeal.
HN Discussion:
  • Privacy must take priority over CSAM scanning despite unfortunate tradeoffs for victims
  • Ruling is a clear win for privacy, freedom, and prevents dangerous surveillance duty
  • Apple genuinely champions privacy better than other big tech companies
  • Laws focus too much on CSAM possession rather than preventing actual child abuse
  • ~True end-to-end encryption is impossible when one company controls app and servers, so cloud services shouldn't be trusted