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Law enforcement must manually review all suspected CSAM before seeking a warrant based on it. There is a whole process there, beyond whatever Apple has implemen
by snowwrestler 5y ago
Law enforcement must manually review all suspected CSAM before seeking a warrant based on it. There is a whole process there, beyond whatever Apple has implemented, before a prosecution begins.
Understand that matching a file in the NCMEC database is not itself a crime. The whole CSAM-detecting ecosystem is just a tool for surfacing potential crimes. Having a few pics of your own child naked is not illegal and it’s pretty easy for law enforcement to figure out if that’s the case.
- hackinthebochs 5y ago>Law enforcement must manually review all suspected CSAM before seeking a warrant based on it. Is this a legal statute or simply convention due to the ways things have historically worked (i.e. pre-hash matching at scale)? If warrants are granted based on probable cause, it seems easy to convince a judge that a hash match is sufficiently unlikely that it would exceed the threshold for probable cause. In the context of cryptographic hashes, this is accurate. But if law enforcement doesn't distinguish between cryptographic and perceptual hashes, then there is the real possibility for cases opened and warrants issued unjustifiably. Sure, matching a hash isn't a crime and you will eventually be exonerated. But as they say, you can beat the rap but you can't beat the ride.
- mulmen 5y ago> Sure, matching a hash isn't a crime and you will eventually be exonerated. s/will/might/