Earlier quoted context omitted.
This leaves open the question of how the image gets on the device of the victim. You would have to craft a very specific image that the victim is likely to save, and the existence of such a specially crafted file would completely exonerate them.
I'd think the attack would be done in reverse: 1. Get a photo that the target already has. 2. Generate an objectionable image with the same hash as the target's photo. (This is obviously illegal.) 3. Submit the objectionable image to the government database. Now the target's photo will be flagged until manually reviewed. This doesn't sound impossible as a targeted attack, and if done on a handful of images that milli…
The point though is that this is something someone's Apple phone is doing, that their device is not. So the goal is to send a hash collided images by non-Apple channels (email) where there is a reasonably good chance that image would make it's way into someone's global device photo store and into automatic iCloud uploads.
Sending an MMS would work, for example, or a picture to Signal which then someone saves to outside of Signal (a meme).
In all these cases, the original sender doesn't have an Apple device: so they're not getting scanned by the same algorithm, but more importantly their device is not spying on them. Importantly too: they've done nothing illegal.
But: the victim is getting flagged by their own device. And the victim has to have their device seized and analysed to determine (1) that it's not CSAM, (2) that they were sent those images that flagged and aren't trying to divert attention by getting themselves false pinged upfront, but then (3) the sender has committed no crime. There's no reason or even risk to investigate them, because by the time the victim has dealt with law enforcement, it's been established that no one had anything illegal.
It's the digital equivalent of a sock of cat litter testing positive as being methamphetamine, except if it was your drive through McDonald's order.
The goal is not to get convictions, the goal is harrassment.