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> However, nothing in the iCloud terms of service grants Apple access to your pictures for use in research projects, such as developing a CSAM scanner. (Apple c

> However, nothing in the iCloud terms of service grants Apple access to your pictures for use in research projects, such as developing a CSAM scanner. (Apple can deploy new beta features, but Apple cannot arbitrarily use your data.) In effect, they don't have access to your content for testing their CSAM system. > If Apple wants to crack down on CSAM, then they have to do it on your Apple device. I don’t understand… Apple can’t change their TOS but they can install this scanning service on your device?

alfiedotwtf 5y ago
> Apple can’t change their TOS Why not... has anyone actually successfully sued a company for changing their ToS from under them?
- dmitryminkovsky 5y ago
  That’s what I don’t understand about that paragraph.
- jdavis703 5y ago
  Yes, see Douglas v. Talk America.
  - alfiedotwtf 5y ago
    Thanks for the link. ... but I'm not sure that would apply here, especially if Apple has a pop-up that the user dismissed a long time ago.
    - jdavis703 5y ago
      It’s unclear what the legal limits are, but I’ve seen some sites do a bold print summary of the changes. Certainly if one wants to be sure their TOS change is enforceable they’ll make sure a judge and jury will agree the changes were prominently advertised.
- jandrese 5y ago
  Doesn't every TOS include that clause about the customer automatically accepting any change the company makes to the TOS at any time and without notification?
  - tgsovlerkhgsel 5y ago
    German banks just fell on their face with this one. They tried to implement fee increases this way (often turning free into paid accounts), but the courts nixed this. Unfortunately not fast enough, so some banks got away with the first year or two worth of loot due to statutes of limitations, but it's now clear that companies can't just change material parts of the ToS without explicit, active consent (it's not enough to notify customers and consider it agreement if they don't do anything).
jandorn 5y ago
Apple said it is coming in iOS 15 and when you install it, you will need to accept TOS. It might change at that point.

alfiedotwtf 5y ago

> Apple can’t change their TOS Why not... has anyone actually successfully sued a company for changing their ToS from under them?

dmitryminkovsky 5y ago
That’s what I don’t understand about that paragraph.
jdavis703 5y ago
Yes, see Douglas v. Talk America.
- alfiedotwtf 5y ago
  Thanks for the link. ... but I'm not sure that would apply here, especially if Apple has a pop-up that the user dismissed a long time ago.
  - jdavis703 5y ago
    It’s unclear what the legal limits are, but I’ve seen some sites do a bold print summary of the changes. Certainly if one wants to be sure their TOS change is enforceable they’ll make sure a judge and jury will agree the changes were prominently advertised.
jandrese 5y ago
Doesn't every TOS include that clause about the customer automatically accepting any change the company makes to the TOS at any time and without notification?
- tgsovlerkhgsel 5y ago
  German banks just fell on their face with this one. They tried to implement fee increases this way (often turning free into paid accounts), but the courts nixed this. Unfortunately not fast enough, so some banks got away with the first year or two worth of loot due to statutes of limitations, but it's now clear that companies can't just change material parts of the ToS without explicit, active consent (it's not enough to notify customers and consider it agreement if they don't do anything).

jandorn 5y ago

Apple said it is coming in iOS 15 and when you install it, you will need to accept TOS. It might change at that point.