New York —
Apple avoided responsibility for the alleged circulation of child sexual abuse material on iCloud after a judge dismissed a lawsuit against the company on Tuesday. The onus should be on lawmakers to protect children instead, the judge said.
The proposed class action was filed by two individuals going by “Amy” and “Jessica.” It claimed that the tech giant failed to “stop or limit the spread” of child sexual abuse materials, also known as CSAM.
Apple fought back against the claims using Section 230, a law that holds online platforms can’t be held accountable for what their users post. The judge sided with that defense in a win for the company and the power of Section 230.
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. She said that it is up to lawmakers, not the court, “to fix this problem that is contributing to the exploitation of children,” despite possible privacy issues with such a law. The case was dismissed with prejudice, meaning that the plaintiffs cannot refile.
