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If Apple was performing scans on their cloud servers, you'd be absolutely right. But if the scanning is being done on the individual's device, I'm not sure it's
by simondotau 5y ago
If Apple was performing scans on their cloud servers, you'd be absolutely right. But if the scanning is being done on the individual's device, I'm not sure it's that straightforward. The third party doctrine surely cannot apply if the scanning is performed prior to the material being in third party hands.
Therefore if the Government forces Apple to change the search parameters contained within private devices, I cannot see how this would work around the 4th Amendment.
If this is correct, it might be possible to argue that Apple's approach has (for Americans) constitutional safeguards which do not exist for on-cloud scanning performed by Google or Microsoft.
- zepto 5y agoThis point was made in the economist today. https://www.economist.com/united-states/2021/08/12/a-38-year-old-charity-will-be-integrated-into-apples-newest-operating-system https://www.economist.com/united-states/2021/08/12/a-38-year...
- simondotau 5y agoI read the article; I don't think they highlighted this specific point that on-device scanning has a potential, hypothetical constitutional advantage in comparison to Google, Microsoft and Facebook who scan exclusively in the cloud.
- zepto 5y agoThey don’t draw out the comparison, but they do mention the protection.
- simondotau 5y agoYou are right. But I think the distinction is an important one to make. People might not be aware about this critical distinction. I did find someone in the media making this point, so it turns out I'm not being completely original: https://9to5mac.com/2021/08/10/misusing-csam-scanning-in-us-prevented-by-fourth-amendment-argues-corellium/ https://9to5mac.com/2021/08/10/misusing-csam-scanning-in-us-...