Here is a proof of concept I just created on how to proceed : https://news.ycombinator.com/item?id=28105849
Like a warrant for CP can’t be used to collect evidence on another cases for say tax fraud.
Of course I'd dare not research or tinker with it lest I'll be added to a list somewhere such is the chilling effect.
I guess in that case they'd delete that single hash from the database because they'd still have an endless (sadly) supply of other bad image hashes to use instead.
You'd still have to generate several images and persuade people to download multiple of them into their photo roll. And as I understand it there's yet another layer of Apple employees to review the photo metadata before it ever makes its way to law enforcement.
It's a risky bet, though: if somehow that intermediate layer fails and you find yourself locked up and accused of storing/disseminating CSAM material, it's not like the civil rights era when your friends and neighbors (and hopefully employers) will understand you've been arrested for a peaceful protest.
Given some CP image, an attacker could perhaps morph it into an innocent looking image while maintaining the hash. Then spread this image on the web, and incriminate everybody.