Re:Hash collision in Apple NeuralHash model
by int_19h on Friday August 20, 2021 @04:09PM
(#28250829)
I don't see any mention of the reckless disregard standard in the New York v. Ferber decision, either? So far as I can see, it just says that CSAM is outside of the scope of 1A, so long as it's "adequately defined by the applicable state law". Am I missing something in the opinion?
Now, Dickerson rightfully lost and it's appropriate that SCOTUS rejected his case because he was involved in child porn production, not posession, so he can't rely on the Ferber precedent. He had the opportunity to ask the underage person in question their age, and chose not to, which would meet the reckless disregard standard anyway.