For c), the problem isn't just trusting Apple, for whom the hashes are somewhat opaque, my understanding is that they are provided by a governmentally regulated third party.
For c), the problem isn't just trusting Apple, for whom the hashes are somewhat opaque, my understanding is that they are provided by a governmentally regulated third party.
Here's what I don't get: who are these people importing CSAM into their camera roll? I for one have never felt the urge to import regular, legal porn into my camera roll. So why would anyone do that with stuff they know could land them in prison? Who the hell co-mingles their deepest darkest dirtiest secret amongst pictures of their family and last night’s dinner?
If someone wants to conceal their CSAM library, I'm sure there's probably dozens of apps in the App Store that can store photos securely behind an additional layer of encryption.
What does it take to have 30 or more images in your photo library that have been all been manipulated to be a perceptual hash match to 30 or more A1-classified images, while also being able to pass human review ("erring on the side of caution") with respect to them being maybe fitting the A1 classification.
There's no ambiguity in prepubescent minors engaged in sex acts.
Which is very easy to imagine. All I have to do is imagine a national security letter.
Apple already has all these photos uploaded to their servers and knows the keys as iCloud Photos isn't end-to-end encrypted, so if a government can coerce them into cooperating with running scans like that, this new system doesn't seem to make any difference.
(If the argument is that they can be coerced into changing the new system to scan non-uploaded photos and reporting them outside of the iCloud Photos upload process... that's a threat that applies just as much to every phone. It's an argument for not trusting any OS that you didn't compile from source yourself.)
That is to say, it takes this away from the threat the article is presenting as "governments could sneakily use Apple's system to find dissidents despite Apple's best intentions" and into "governments could use the law to make Apple do things".
I don't have an issue with Apple scanning the stuff they're keeping on their servers, in accordance with their ToS. Have at.
The problem here is that they're doing the scanning on your device.
(As distinct from Apple voluntarily searching for CSAM, which will be part of the terms of service. And distinct from being compelled to search cloud servers, which is exempt from 4A under the "third party doctrine".)
So the letter goes to Apple. They have ample time and resources to push back indefinitely. Demanding that Apple implement a Government dragnet across tens of millions of private devices is so far beyond unconstitutional that complying wouldn't even be fleetingly contemplated as an option. In fact, Apple is the sort of company that would move heaven and earth to ensure that this unconstitutional NSL becomes public. If nothing else, their defiance of it would be fantastic PR.
Therefore it would be a massively stupid-ass move for the Government to try. They would have zero prospect of a positive outcome and they know it.
Sure there is. A number of different executives could do that. The CEO, if nobody else. The government sends the letter to the company's legal department. It's on the company to deal with it appropriately.
There's no need to prevent employees who will actually do the work from finding out.
Apple, like most other such companies, have complied with NSLs before, and they will in the future. The consequences for failing to do so are too extreme for it to be otherwise.
I'd assume FB, Google & co have some solution to b), so Apple should be able to figure out something. For c), at least Apple takes extra precautions by requiring the photos to be in two separate database provided by different governments. (Maybe other cloud providers do that, too, I don't know).
But the second you enable iCloud Photos sync, Apple has the right to not allow CSAM on THEIR servers.