They could use TestFlight to distribute apps that are not on the public App Store. Not the Developer Enterprise program.

Only if they comply with App Store rules (the ban on unfinished apps notwithstanding of course), submit "major" new builds for review as well as the initial build, and do not use the program in place of the App Store (i.e. there must be an eventual goal for the app to leave beta and go live.

Otherwise, they would be violating the ToS and can be removed from that as well.

TestFlight is limited to 10,000 testers per app.

That's still a lot of law enforcement officers (or worse) looking people up if Clearview was limited by that. As far as I'm concerned this sort of power belongs with an agency that only takes orders from a judge in each of the ~198 countries we have on earth. You don't want Joe Cop abusing this for whatever they please. If this sort of thing should even be legal in the first place (I think in Europe the last word has yet to be had).

Problem is they don't _only_ sell to law enforcement.

As far as I know, they sell to anyone which pays well and don't go public about using it.

I.e. I wouldn't be surprised if some questionable agencies focused around dodgy detective work or "discrediting" PR work. Heck I also wouldn't be surprised if he literally (but probably unknowingly) sold it to organized crime for which it quite valuable for tracking down witnesses which need to be pressured into keeping silent or some other bullshit usage.

I mean that is one of the major problems with the whole think: It's not a government/state controlled database only used by law enforcement. (Which still would be a problem but a bit less).

And you just Joe Judge not to just rubber stamp what Joe Cop wants?

Could they get around this by just making a different "app" per customer, with the same code but a different name (or whatever is used as a unique I'd)?

Nope.

4.3 Spam

Don’t create multiple Bundle IDs of the same app. If your app has different versions for specific locations, sports teams, universities, etc., consider submitting a single app and provide the variations using in-app purchase.

From: https://developer.apple.com/app-store/review/guidelines/#spa...

they would allow it, even behind a login. but you would need to provide them a way to probe this work.

Apple has to grope into the internals of your backend to allow an app that uses an API?

Edit: Thanks for the helpful responses, everyone.