> it’s known that illegal content exists
A point of clarification: The system divulges the encryption keys to content when the content's "perceptual hash" matches one in the database the specific user is being tested against. Apple claims that the hashes are provided by NCMEC "and other parties". It is already known that the NCMEC databases has at least some hits for non-illegal content. Who knows what these databases might contain in the future. There is certainly no structural requirement in the system that the content is illegal or some specific kind of illegal.
For users in Thailand the apple database could just as well be full of hashes of cartoons insulting to the monarch (which are illegal there, as I understand it) and no one would be able to tell, at least not before apple users started being rounded up and summarily executed.
On your second point, yes… that’s a very real possibility and one that I’m sure Apple has already considered and has responded to.
For that you'd need a sham court full of rubber stamping judges handing out bogus search warrants for every single questionable and illegal request that comes to them. That seems a stretch of the imagination? What judge would to _that?_
We could call that the FISA Court, right?
Which is quite a modern take on a historically reviled phenomenon, so you should call them for what they are: general warrants.
What is permitted is that if a private entity of their own free will and self interest searches and then finds something, the government can require them to make a report when they found something. Just as you say.
But the government cannot require them to search in the first place, not without extending the fourth amendment protection against search.
Apple can decide that the commercial value of reducing the risk that they're accused of helping perverts is greater to them than the commercial value of respecting the customers privacy. Indeed. But lets call that what it is, and not make excuses that they're forced to search: They're not. They are choosing to search.