Re:Apple plans to scan US iPhones for child abuse imagery
by ggreer on Thursday August 05, 2021 @02:17PM
(#28077473)
> These lists are handled by humans.
That's also true for the no-fly list and the Terrorist Screening Database,[1] yet those are full of false positives. And unlike those lists, CSAM databases cannot be independently verified. To do so would require having the original images, which is illegal.
1. https://en.wikipedia.org/wiki/Terrorist_Screening_Database
Re:Apple plans to scan US iPhones for child abuse imagery
by sterlind on Thursday August 05, 2021 @03:18PM
(#28078231)
The no-fly list and the terrorist screening database aren't used in a court of law. The Confrontation Clause of the Sixth Amendment guarantees you access to all the evidence presented against you. You also don't need the original images to defend yourself, though apparently CP can be presented to a (traumatized) jury [0].
So if you're charged on the basis of a fuzzy hash matching, you'd subpoena Apple for the photo in your backup that matched, present it to the court (since it doesn't actually matter if it's CP or not to be admissible), and you win the case.
0. https://www.johntfloyd.com/the-difficulty-with-criminal-evid...
Fuzzy means that it takes compression and the like into account, because even if just one pixel out of 20 thousand is different, the hash is different too. Fuzzy hash still recognizes it as the same image, so using an algorithm to alter the color etc. won't work.