Apple's New Privacy Stance - What Have You Got To Hide? (VL524)

Apple's New Privacy Stance - What Have You Got To Hide? (VL524)

Apple has long sold its iPhone on the value of privacy, of having one's personal life kept separate from the all-seeing eyes of other technology companies and/or the state.

Has that promise been illusory? To some extent, of course.

But now, with the announcement that the California company would be using its own operating system to compare every iCloud user's photos with information provided by the National Center for Missing & Exploited Children (NCMEC), the privacy horse appears to have completely left the barn.

Nothing to hide doesn't mean there's nothing to fear...in Virtual Legality.

#Apple #Privacy #iCloud

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CHAPTERS
00:00 Introduction
2:07 Apple's "Expanded Protections for Children"
6:30 Legal Requirements
8:43 Scanning Your Phone
12:43 The NCMEC
17:46 Apple's Terms and Policies
20:30 Criticisms (EFF)
23:08 Internal Defensiveness
26:02 Privacy and State Actors
31:32 Government Problems (including the US)
36:28 Conclusion

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Discussed in this episode:

"Expanded Protections for Children"
Apple Blog Post - August 5, 2021
https://www.apple.com/child-safety/

"Reporting requirements of providers"
18 USC 2258A
https://www.law.cornell.edu/uscode/text/18/2258A

NMEC Materials:
* "About Us" - https://www.missingkids.org/footer/about
* Form 990 (2019) - https://www.missingkids.org/content/dam/missingkids/pdfs/2019_NCMEC_Form%20990%20Public%20Inspection%20Copy%20-%20JC%20signed.pdf
* DOJ Grant - https://ojjdp.ojp.gov/funding/awards/2020-mc-fx-k004
* Funding Law - https://www.law.cornell.edu/uscode/text/34/11293

iOS 14 Terms of Service
https://www.apple.com/legal/sla/docs/iOS14_iPadOS14.pdf

Apple Privacy Policy
https://www.apple.com/legal/privacy/pdfs/apple-privacy-policy-en-ww.pdf

"Apple's Plan to "Think Different" About Encryption Opens a Backdoor to Your Private Life"
EFF - August 5, 2021
https://www.eff.org/deeplinks/2021/08/apples-plan-think-different-about-encryption-opens-backdoor-your-private-life

"In internal memo, Apple addresses concerns around new Photo scanning features, doubles down on the need to protect children"
9to5Mac - August 6, 2021
https://9to5mac.com/2021/08/06/apple-internal-memo-icloud-photo-scanning-concerns/

"Interview: Apple's head of Privacy details child abuse detection and Messages safety features"
August 10, 2021
https://techcrunch.com/2021/08/10/interview-apples-head-of-privacy-details-child-abuse-detection-and-messages-safety-features/

Apple FAQ
https://www.apple.com/child-safety/pdf/Expanded_Protections_for_Children_Frequently_Asked_Questions.pdf

"Apple criticised for storing data inside China"
BBC - May 20, 2021
https://www.bbc.com/news/technology-57186275

"Apple’s iPhones Will Include New Tools to Flag Child Sexual Abuse"
New York Times - August 5, 2021
https://www.nytimes.com/2021/08/05/technology/apple-iphones-privacy.html

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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Twitter: @hoeglaw
Web: hoeglaw.com

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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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