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They previously said they couldn't comply. Now they will have to say they won't comply.

They can't comply now.

Unlike Google, they set up a system where no data hits Apple's server unless multiple images match known examples of kiddie porn.

The key word is publicly... Or I missed <sarcasm> tags?

Did I miss the sarcasm tag when it is implied that Google is immune to government demands in a manner that Apple is not?

Google does not have the capability to scan local files on your device. They still have the luxury of answering "we can't" to such demands.

But Google steps on your privacy in so many other ways, it's probably not worth defending this one technicality.

Google conducts the exact same scans on their own servers, which means the results for a single false positive must be handed over to anyone with a subpoena.

With Apple's system, no data hits their servers until multiple images match known examples of kiddie porn.

If there is a single false positive, Apple won't even know about it.

You can't provide data you never had, so Apple's system is much more private.

They cannot publicly fight FISA court gag orders. They can't even so much as mention those.