You seem to be confused about what Apple is doing.
Nothing anywhere says that Apple scans the pictures you store on your own device. They only scan the pictures you upload to their cloud service.
The scanning is done on device before upload in Apple’s case, and in the cloud after upload in Google’s case, but either way it is only done to photos that are uploaded to their cloud services.
If you are really claiming Apple scans the photos you don’t upload to iCloud Photo Library, then you are lying or dissembling.
It's splitting hairs in the end. You're arguing that they only pre-scan it for bad stuff if you decide to upload it, so they don't end up with that material on their servers.
BUT THE CAPABILITY TO SCAN CONTENT OF PHOTOS ON DEVICE EXISTS. The argument is tomorrow they can simply start sending scan meta data or captions of image content up to a server without you opting into cloud storage.
The capability exists on device. It's all baby steps.
https://www.theguardian.com/technology/2014/aug/04/google-ch...