Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I think Apple would rather put this CSAM-scanning system in place (which allows them to implement end-to-end encryption for iCloud in the future) than deal with the EARN-IT Act or similar becoming law, which could effectively make all e2e-encrypted services illegal (require a government backdoor).

>The bill also crafts two addition changes to Section 230(c)(2)'s liability, allows any state to bring a lawsuit to service providers if they fail to deal with child sexual abuse material on their service, or if they allow end-to-end encryption on their service and do not provide means to enforcement officials to decrypt the material.

https://en.wikipedia.org/wiki/EARN_IT_Act_of_2020



If that were the case, wouldn't this CSAM scanning system be insufficient to meet those EARN-IT requirements?

You have other Apple services and third-party apps that host material on Apple's servers.

For example, if a user turns on iCloud backups, then every third-party app's Documents directory is backed up to iCloud. Would it be a violation to not CSAM scan that content? What if the contents are encrypted? Would they be required to be decrypted so that they are CSAM-scanned?

iCloud drive is another Apple service that backs up to Apple's servers. Wouldn't its absence from the list be a violation? What if a user hosts encrypted files on iCloud drive? Would the user be required to decrypt them so that Apple can scan them?

It seems that the real intention is to eliminate end-to-end encryption.


>wouldn't this CSAM scanning system be insufficient to meet those EARN-IT requirements?

Yes. My point is that there's an ongoing dance between the tech companies and the government, and through their negotiations and government connections Apple probably views this CSAM-scanning move as making an EARN-IT-like law less likely to be passed. It's overall the less-invasive option. The US federal government is putting pressure on tech companies not to host CSAM, and if tech giants didn't agree to do stuff like this the government could respond by passing stricter laws to effectively make unbackdoored e2e encryption illegal.

Apple has a lot of influence but at the end of the day they're a US-based company that has to follow US laws. Voluntarily implementing CSAM-scanning is in their own interest as a "pro-privacy" company if it prevents more draconian anti-encryption laws from being passed that could effectively outlaw e2e encryption.

I don't view this as Apple singlehandedly trying to eliminate end-to-end encryption; that seems like a pretty radical view of the situation to me but of course you're free to hold that opinion.


I don’t hold the view that Apple is trying to eliminate end to end encryption. I view this as a push by governments to do so and the increasing willingness of the tech industry to work with them.

This is more like Apple giving way gradually and the government happy since in the long run they get everything they want.

Examples: we don’t unlock phones for the government… but we give them all the data if you back up your phone… but you have so much privacy!

We don’t read your messages, oh wait now we do, but only for child abuse, oh wait, we don’t control what it looks for but let’s not talk about that because it hurts our marketing




Consider applying for YC's Winter 2026 batch! Applications are open till Nov 10

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: