3 ms·

The constitution constrains what the Federal government can do, not what private companies can do.

cm2187 5y ago
Not that I am qualified to hold a legal debate, but as far as I know, if Apple implements this under the pressure from the state, and that it reports what it findings to the state, it is effectively an agent of the state and it should apply.
- shuckles 5y ago
  As far as I’m aware, the laws which require cloud service operators to scan for CSAM have been on the books for a long time, and none of the usual orgs have raised a constitutional challenge to them. I’m not a legal expert either, though.
  - cm2187 5y ago
    But that's the big difference, cloud providers are scanning the data they hold on their device. Your iphone is not Apple's device. Cloud providers have a liability if they knowingly store illegal content, the data is stored on their property, Apple does not, it is your property. It's like if Ford was going to scan what you store in the trunk of your car.
    - shuckles 5y ago
      The headline is misleading. The rumored change only impacts photos your device is uploading to iCloud, and it seems like Apple servers are a necessary part of the protocol.
      - lp0_on_fire 5y ago
        Doesn't apple upload all your photos to icloud by default?
        shuckles 5y ago
        It’s been a long time since I’ve set up my phone, so I don’t remember the defaults. If I recall correctly, photo stream (last ~100? photos) was on by default but not the entire photo library.
    - julienfr112 5y ago
      "Your iphone is not Apple's device". Well, is it not ? When you "jailbreak" it, who has the key of the cage ? How many network exchange does your phone with Apple do every day, every hour, every second ?
    - collaborative 5y ago
      Oh, the irony. Apple users will finally demand that their phone be "their" device and won't say that they are perfectly happy with Apple making decisions for them because they absolutely trust Apple
- pseudalopex 5y ago
  Under orders yes. Under pressure no.

Not that I am qualified to hold a legal debate, but as far as I know, if Apple implements this under the pressure from the state, and that it reports what it findings to the state, it is effectively an agent of the state and it should apply.

shuckles 5y ago
As far as I’m aware, the laws which require cloud service operators to scan for CSAM have been on the books for a long time, and none of the usual orgs have raised a constitutional challenge to them. I’m not a legal expert either, though.
- cm2187 5y ago
  But that's the big difference, cloud providers are scanning the data they hold on their device. Your iphone is not Apple's device. Cloud providers have a liability if they knowingly store illegal content, the data is stored on their property, Apple does not, it is your property. It's like if Ford was going to scan what you store in the trunk of your car.
  - shuckles 5y ago
    The headline is misleading. The rumored change only impacts photos your device is uploading to iCloud, and it seems like Apple servers are a necessary part of the protocol.
    - lp0_on_fire 5y ago
      Doesn't apple upload all your photos to icloud by default?
      - shuckles 5y ago
        It’s been a long time since I’ve set up my phone, so I don’t remember the defaults. If I recall correctly, photo stream (last ~100? photos) was on by default but not the entire photo library.
  - julienfr112 5y ago
    "Your iphone is not Apple's device". Well, is it not ? When you "jailbreak" it, who has the key of the cage ? How many network exchange does your phone with Apple do every day, every hour, every second ?
  - collaborative 5y ago
    Oh, the irony. Apple users will finally demand that their phone be "their" device and won't say that they are perfectly happy with Apple making decisions for them because they absolutely trust Apple
pseudalopex 5y ago
Under orders yes. Under pressure no.