Earlier quoted context omitted.
Something probably did happen. Apple no doubt became increasingly aware of just how legally culpable they are for photos uploaded to iCloud. For content that is pirated Apple would receive a slap on the wrist, but for content that shows the exploitation of children? And that Apple is hosting on their owned servers? There is no doubt every government will throw their full legal weight behind that case. Now they are st…
I doubt a judge can find apple liable for hosting encrypted data if its illegal. That would mean every e2e storage solution, or even just encryption and storing files on a s3 bucket host would be liable. Apple should use it's gigantic legal arm to set good precedents for privacy in court.
The lawyerly phrase is “knew or should have known.” It could be argued that now that this technology is feasible, failure to apply it is complicity.
Think about GDPR. Eventually homomorphic encryption is going to be at a point where “we need your data in the clear so we can do computations with it on the server” will cross from “failure to be on the bleeding edge of privacy research” to “careless and backwards.”