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The whole issue was whether governments could command the creation of this feature, not whether they could compel their use. Apple in its arrogance has put this dangerous feature into the hands of a NGO, with good intent, and horrendous consequences. arstechnica.com/tech-policy/2021/08/apple-says-it-will-refuse-govt-demands-to-expand-photo-scanning-beyond-csam/
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Aside from the witless arrogance behind this, who can vouch for putting @missingkids at the heart of a surveillance dragnet? What's the integrity of their database? Can covert actors insert content in their database to flush out enemies? Could they resist a court order to do so?