A U.S. federal judge has dismissed a proposed class action accusing Apple of failing to stop child sexual abuse material (CSAM) from spreading on iCloud, ruling that the company is shielded by Section 230 of the Communications Decency Act. The dismissal, with prejudice, ends the case at district level.
District Judge Noël Wise found that the plaintiffs sought to hold Apple responsible for failing to remove or block user-generated content, placing the claims within Section 230's liability shield. She also noted that no federal law requires proactive use of technology to identify CSAM. "Lawmakers can fix this problem," she wrote. "This Court cannot." Source: CNN
Plaintiffs' attorneys said they are "reviewing Judge Wise's ruling and evaluating our options," including a possible appeal. Hillary Nappi stated the decision adds urgency to legislative efforts to hold tech companies accountable for design choices. Source: CNN
“US District Judge Noël Wise in San Jose, California, said in her decision Tuesday that there is no existing law that requires companies to proactively identify and report CSAM.”
“Wise found that the plaintiffs were asking, in substance, to hold Apple responsible for failing to remove or block content created by its users. That places the claims within Section 230.”
“Plaintiffs were suing on behalf of a class of 2,680 people with similar allegations, and estimated the compensatory damages to be as high as $32.8 billion.”
“The West Virginia attorney general also sued Apple this February, claiming it allowed CSAM to be stored and distributed on iCloud. That case is ongoing.”