Court Dismisses Lawsuit Against Apple
A federal court in California has finally dismissed a class action lawsuit that accused Apple of insufficiently preventing the spread of child sexual abuse material (CSAM) via iCloud. Judge Noël Wise ruled that Apple can invoke immunity under Section 230 of the Communications Decency Act.
Section 230 as Protection
Judge Wise stated that the lawsuit seeks to hold Apple responsible for user-generated content, which falls under the protection of Section 230. This 1996 federal law generally protects online services from liability for publishing user content. The plaintiffs – two abuse survivors – argued that Apple knowingly refused to use available tools, such as the NeuralHash system, to detect and report known CSAM.
Consequences of the Decision
The decision was issued with prejudice, meaning the lawsuit cannot be refiled. The plaintiffs' attorney James Marsh said they are considering an appeal and exploring other legal options. The lawsuit estimated damages of up to $32.8 billion for 2,680 class members.