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> Apple is committing a crime by possessing and distributing CSAM.

Apple's liability for content is limited by Section 230. If they find out about specific instances of CSAM on their servers they are required to remove it.

They are not required to hunt for it or otherwise search it out. They are not required to scan for it. Anything currently being done in that regard is voluntary.

> But that is exactly what they're doing. They are agreeing to possess and deliver images of which they know a portion are CSAM.

When you use Apple's cloud services, you agree to multiple legally binding agreements that include provisions about not using their cloud services to store or transmit illegal materials including CSAM.

Someone using Apple's services to do that in contravention of those agreements does not constitute them "agreeing to possess and deliver" that content.

What WOULD constitute them conspiracy and them agreeing to possess and deliver that content would be if they were informed of the specific instance of content being transmitted and delivered and did nothing about it or otherwise enabled its continued storage and distribution.



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