What if the legal porn of a 21 year old that triggered the collision match looked really really really close? So close that a human can not distinguish between the image of a 12 year old being raped that they have in their database and your image? Well then you might have a problem, legal and otherwise.
> defence lawyers are not allowed to look at alleged CSAM material in court right
I know this is not true in many countries, but cant speak for your country.
I'm not talking about images of rape here. I'm taking about images that you'd see on a regular porn site, of adults and their body parts.
You are also aware that CSAM covers anywhere from 0 to 17.99 years of age, and the legal obligation to report exists equally for the whole spectrum?
So let's say I download a close up pussy collection of 31 images of what I believe to be consenting 20 year olds, and what are consenting 20 year olds.
But they are actually planted by an attacker (let's say an oppressive regime who doesn't like me) and disturbed to match CSAM, that is, pussy close ups of 17 year olds. They are all just pussy pics. They will look the same.
Should I go to jail?
Do I have a non zero chance of going to jail? Yes.
Without getting into the metaphysics of what is an image, at that point, you basically have a large collection of child porn.
Your hypothetical oppressive regime has gone to a lot of trouble planting not illegal evidence on your device. It would be much more effective to just put actual child porn on your device, which you would need to have to conduct the attack in the first place.
I doubt images that look quite generic will make it into those hash sets, though.