The 4th amendment only protects you from the government searching your property. Otherwise, the Microsoft telemetry which reports back to Microsoft what software you have installed and what apps you are running would be illegal.

So, what does a person do if they do not consent to this search? Tough?

You can't realistically avoid the iOS update. Apple has effectively given consent on your behalf... How will that fly?

If you do not consent to having your photos scanned for CSAM, turn off iCloud Photo Library. Same as how you opt out of CSAM scanning of your photo library on Android.

If you're concerned about other forms of scanning compelled by the Government, you never consented to the search. So even if Apple complied, the search is invalid and cannot be used to prosecute you.

> If you're concerned about other forms of scanning, you didn't consent—so even if Apple complied, the search is invalid and cannot be used to prosecute you.

This is a dangerously false understanding of the law. Stop giving legal advice. You are not a lawyer.

Are you saying that if the US Government compelled Apple to scans millions of citizen's private property for non-CSAM images, this would not be a clear-cut violation of the Fourth Amendment?

I'm curious, do you think that the Third Party Doctrine applies here?

I think the realistic danger here is the US Government no longer needs to compel this type of activity. Reference Twitter and Facebook/Instagram voluntarily censorship per mere suggestion of the current administration/power party.

Let's be practical for a minute. What specific image would Apple voluntarily search for on behalf of the US Government? I sincerely can't think of anything.

Images, leaked government files, anti-administration phrases, unflattering memes of the president, statements that contradict the government's current stance, etc.

All things current at social media companies seem willing to censor after suggestion of the administration.

You seriously think Apple would voluntarily search private devices for images which aren't illegal and don't even hint at any action which is illegal?

I don't think you're being serious.

Why not? Facebook and Twitter have done exactly that in the past year. Why is it far fetched for Apple suddenly, given this amazing reverse-course on branding?

The only realistic alternative to Apple is Android... And Google is pretty darn transparent in their spying on users. Apple just did a 180 degree about-face on all the branding they've built over the last decade. Why should anyone trust Apple again?

Look, this whole neural-hash thing took what, 2 weeks for people to fabricate collisions? This just illustrated how poorly conceived and ill-thought the entire plan was from Apple. It's not beyond reason to assume any of these things given the evidence we currently have.

It does not appear one can opt out certain folders from this scan. If you enable iCloud backups, it's scans the entire shebang.

As previously mentioned, Android doesn't scan all photos on your device... Google scans content uploaded to their servers. Which is reasonable... It's their servers, they can host what they want. Your iPhone is your iPhone.

> If you enable iCloud backups, it's scans the entire shebang.

Citation?

Do I need one? Where in iOS can you choose which folders to opt-into CSAM scanning? I only see an all-or-nothing option for iCloud photos.

Yes, you do need a citation, because I've not heard Apple (or anyone else) claim that iCloud Backups or iCloud Drive are being subject to CSAM scans.

From everything I've read, from Apple and other sources, if the photo is about to be uploaded to iCloud Photo Library then it is scanned for CSAM. If it's not, it isn't.

How does one choose individual photos to not upload?

You store the photos you want to keep private in another app. I'm sure there are lots in the App Store.

Still waiting on that citation.

If the default behavior is not to exclude photo rolls from this new feature, I'm not sure where the argument exists. Telling iOS users they should download some app to keep photos private is absurd.

If a photo is about to be uploaded to iCloud Photo Library then it is scanned for CSAM. If it's not, it isn't.

Still waiting on that citation.

Are we arguing the same thing? How does one opt-out a specific photo? It's not possible as far as I know.

I've no idea what your point is. I've tried offering answers for all these random questions, but I'm still waiting for you to offer a citation for the claim you made earlier.