Apple Defeats Liability for Not Scanning iCloud for CSAM
A court has dismissed a lawsuit against Apple regarding its decision not to scan iCloud storage for child sexual abuse material (CSAM). The ruling affirms that Apple is protected by Section 230, as the plaintiffs' claims would require the company to act as a publisher of user content.
Why it matters
This case reinforces the broad protections of Section 230 for tech companies and highlights the legal challenges involved in balancing user privacy with content moderation.
This case involves Apple’s handling of user-uploaded files hosted in private iCloud storage. Instead of adopting PhotoDNA to scan hosted files for CSAM, Apple created its own proprietary alternative, NeuralHash , which apparently wasn’t as good. So Apple U-turned on its efforts to scan for CSAM in its cloud storage. Instead, Apple implemented end-to-end encryption for iCloud files.
Apple’s manuevers confused the public and seemed like an embarrassing unforced error for Apple. It also ensured pressure from governments and plaintiffs, including CSAM victims, who preferred Apple’s more interventionist approaches, which Apple had voluntarily demonstrated it was willing to do.
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