Apple Sued by West Virginia for Allegedly Allowing CSAM Distribution Through iCloud

West Virginia's Attorney General JB McCuskey today announced a lawsuit against Apple, accusing the company of knowingly allowing iCloud to be used to distribute and store child sexual abuse material (CSAM). McCuskey says that Apple has opted to "do nothing about it" for years.

iCloud General Feature Redux

"Preserving the privacy of child predators is absolutely inexcusable. And more importantly, it violates West Virginia law. Since Apple has so far refused to police themselves and do the morally right thing, I am filing this lawsuit to demand Apple follow the law, report these images, and stop re-victimizing children by allowing these images to be stored and shared," Attorney General JB McCuskey said.

According to the lawsuit [PDF], Apple has described itself as the "greatest platform for distributing child porn" internally, but it submits far fewer reports about CSAM than peers like Google and Meta.

Back in 2021, Apple announced new child safety features, including a system that would detect known CSAM in images stored in iCloud Photos. After backlash from customers, digital rights groups, child safety advocates, and security researchers, Apple decided to abandon its plans for CSAM detection in ‌iCloud Photos‌.

"Children can be protected without companies combing through personal data, and we will continue working with governments, child advocates, and other companies to help protect young people, preserve their right to privacy, and make the internet a safer place for children and for us all," Apple said when announcing that it would not implement the feature.

Apple later explained that creating a tool for scanning private ‌iCloud‌ data would "create new threat vectors for data thieves to find and exploit."

West Virginia's Attorney General says that Apple has shirked its responsibility to protect children under the guise of user privacy, and that Apple's decision not to deploy detection technology is a choice, not passive oversight. The lawsuit suggests that since Apple has end-to-end control over hardware, software, and cloud infrastructure, it is not able to claim to be an "unknowing, passive conduit of CSAM."

The lawsuit is seeking punitive damages and injunctive relief requiring Apple to implement effective CSAM detection measures.

Apple was also sued in 2024 over its decision to abandon CSAM detection. A lawsuit representing a potential group of 2,680 victims said that Apple's failure to implement CSAM monitoring tools has caused ongoing harm to victims. That lawsuit is seeking $1.2 billion.

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Top Rated Comments

1 hour ago at 10:17 am
Federal law ('https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2258A&num=0&edition=prelim') is crystal clear on this matter. In particular, in the section reporting requirements of providers, paragraph F states:


(f) Protection of Privacy.-Nothing in this section shall be construed to require a provider to-
(1) monitor any user, subscriber, or customer of that provider;
(2) monitor the content of any communication of any person described in paragraph (1); or
(3) affirmatively search, screen, or scan for facts or circumstances described in sections (a) and (b).
WV has nothing to stand on, and the AG knows it.
Score: 17 Votes (Like | Disagree)
1 hour ago at 10:22 am
McKuskey is apparently a member of the Federalist Society, who have been pushing things like requiring ID to be online and other limits on internet activity meant to curtail anything they don't like. They want to put parents first, though that is code for making sure that kids aren't exposed to anything outside of their constricted worldview that's pushing the US to be a Christian nation ruled by white people instead of a nation of multiple cultures and religions that's enshrined in the Constitution.

When something like this comes out of left field it's a good idea otherwise look at the background of the people pushing it. It makes no sense for WV to sue Apple over this unless there's another agent pushing their puppet to make the move.
Score: 17 Votes (Like | Disagree)
mikebenton Avatar
1 hour ago at 10:20 am
I no way do I support anyone having or distributing CSAM. I'm just trying to understand the logic here. Are they suing car manufacturers when someone who uses a car to commit a crime? Are they trying to force a scenario where the government and/or vendor gets to sift through all your data and decide if a crime has been committed?
Score: 15 Votes (Like | Disagree)
1 hour ago at 10:13 am
Sued if you do, sued if you don't.
Score: 13 Votes (Like | Disagree)
dannyyankou Avatar
1 hour ago at 10:25 am
They should spend more effort going after the predators who are actually sending and soliciting these images instead of going after Apple. There should absolutely be parental controls, along with good parenting, to protect minors. But I think most people don’t want a surveillance state.
Score: 10 Votes (Like | Disagree)
1 hour ago at 10:21 am
Bloody fascist. Just like those on the left in the EU pushing chat control for everyone except themselves.
Score: 8 Votes (Like | Disagree)