For years, the battle to end online sexual exploitation has been in the hands of law enforcement. In order to protect children from becoming the victims of exploitation and abuse, Apple has collaborated with child safety experts to implement new safety features.

Those safety features, however, have been put on hold indefinitely – and rightfully so. We fully support any and all efforts to reduce and eliminate sexually exploitative photos and videos of children, and we support Apple’s commitment to deny efforts by governments to use its software for surveillance. However, the new safety tools raised some serious concerns – not only regarding privacy and government outreach, but for the role that Apple itself would play in how they are implemented.

How do the new tools work?

There are three safety features that Apple had proposed.

The first involves new communication tools that parents can activate to play a more informed role in protecting their children when they are communicating online. On-device machine learning in the Messages app will warn users of sensitive content, while the user’s private communications will remain unreadable by Apple.

The second involves the addition of new applications of cryptography on devices such as iOS and iPadOS that helps decrease the spread of child sexual abuse material online (CSAM); detection of CSAM will help Apple provide valuable information to law enforcement on collections of inappropriate material in iCloud Photos.

The third involves updates added to Siri and Search that provide parents and children with information and help if they come across unsafe situations.

What are the potential problems with the new safety measures?

According to The Verge, privacy groups and advocates argued that the new software created a “back door” for government surveillance. As the Electronic Frontier Foundation explains, “it’s impossible to build a client-side scanning system that can only be used for sexually explicit images sent or received by children. As a consequence, even a well-intentioned effort to build such a system will break key promises of the messenger’s encryption itself and open the door to broader abuses.” Even if Apple does not build the system itself, there is always a risk that a hacker could.

Another concern was that algorithms are not 100% accurate. This means that there is always a potential for an innocent person to be implicated in a CSAM sweep. Once a photo has been identified by the system, it goes to human reviewers at Apple. But who are these reviewers? Are they trained to identify CSAM images? Is there a definition of what CSAM images or materials are, or are they relying on a “I know when it I see it” mentality? Who makes the determination to send the information to police?

It is also important to note that the cut-off date for parental notification is 12, meaning the parents of a 13-year-old who receives a sexually explicit image will not be notified. That parent will also not be notified if a 13-year-old sends such an image to another 13-year-old – but that 13-year-old may be identified to local law enforcement. So, too, could the 17-year-old who sends a sext to his or her 17-year-old boyfriend or girlfriend. And while we believe that parents should talk to their teenagers about why it’s a bad idea to share naked pictures of themselves, we also think that the 18-year-old who receives a sexual photo from his 16-year-old girlfriend or boyfriend should not face a lifetime on the registry as a sex offender.

This last part is especially important, because children can be listed on sex offender registries, and they often suffer life-long repercussions as a result. Given that sex offender registries appear largely ineffective, this means your child could suffer permanent damage and harm without any real good coming of it.

When should you seek legal guidance from an attorney?

The best time to call a lawyer is the MOMENT you discover you may be facing any type of sex crime charge. You do not have to wait until you are charged, and in fact you should not; the fallout from being accused of a sex crime (especially one involving minors) is often swift, and it can be difficult to come back from the loss of reputation even when you are found innocent, or if no charges are ever filed. It can also lead to lost employment and educational opportunities, because employers and schools often do online searches outside of background searches, and may run across stories on social media.

If you are convicted of a sex crime, the penalties are severe: prison, fines, the registry, and the loss of:

• Certain Constitutional rights
• Professional licenses
• Security clearances
• Federal assistance for education
• Housing opportunities
• Social Security benefits

Carey Law Office fights to protect the rights and futures of those accused of crimes. Our offices are located in Bowie and Crofton, and we serve clients in Calvert County, Anne Arundel County, Prince George’s County, and the surrounding areas. Call us today at 301-464-2500, or fill out a contact form to schedule a consultation.