[beachy]

I don't really want to do the research, so I'll take your word for it.

But by fog of war I was thinking more like the victim already has some sleazy (though marginally legal) stuff on their computer, or a search led to a find of pot in their house, or they lied to try and get out of the rap, or perhaps the FBI offered them a deal and they took it because they saw no way out, or perhaps they were simply an unlikable individual who the jury took a dislike to.

Basically that things are not always clear cut, and they come out of the wrong side of things, in a situation created by Apple's surveillance.

[simondotau]

Even if I grant all of the above, I don't see how any of that is impacted by the distinction between on-cloud scanning and on-device scanning of photos which are being uploaded to the cloud.

Surveillance is surveillance. It's a bit more obnoxious that a CPU which I paid money for is being used to compute the hashes instead of some CPU in a server farm somewhere (which I indirectly paid for) but the outcome is the same. The risk of being SWAT-ed is the same.