In countries like mine that labels you as terrorist for airing your negative opinion against the government, this is the right choice.
If anyone cares, this is the very definition of circumstantial evidence.
To be fair to John, fingerprint and DNA evidence meet probability profiles that are considerably less rigorous than that. If someone is inclined to take action against you for having a given file on your computer, and your computer has a file with the same SHA256 checksum as the file in question, then for every practical purpose that file is on your computer. (How it got there is another matter, but if youāre going to be in trouble for having a copy of the UN declaration of human rights on your computer, I donāt think you can rely on a robust legal system to aid you there )
I am not my disk drive. An important difference is that DNA and fingerprints are part of me.
This is why the phrase ābeyond a reasonable doubtā, or āpreponderance of evidenceā are used.
Beyond trivial examples, hypotheses cannot be proven. We can fail to disprove them, which supports their veracity. However, hypotheses can be refuted or dis-proven. A classic example is one of the black swan, which was assumed (by Europeans) not to exist. Willem de Vlamingh ādiscoveredā black swans in Australia in 1697, thus refuting the hypothesis (ref). The point here is that it only takes one data point (black swan) to disprove a hypothesis, but endless experimentation will never prove a hypothesis.
Over time, as evidence accumulates that supports the hypothesis, it can be considered a theory or law.
(I realize many here are familiar with these concepts, Iām just presenting them to round things out and give some context.)
I was about to suggest that weāre getting off-topic, but then remembered what the topic is and why itās important, and decided that weāre actually very much on topic
I think that I misunderstood your earlier statement about circumstantial evidence. I now think you were referring to the existence of the file on your computer as being circumstantial, instead of the probability of two different files having the same checksum.
For many people to whom E2EE is essential, itās because simply being found to be in possession of some kinds of data puts their lives (or at least freedom) at risk. They are often contending with environments in which fine legal distinctions carry little or no weight and due process doesnāt exist.
I dint think that would be a problem. CSAM scanning would happen on device before it is sent to iCloud. That was the discussion some time ago, and Apple decided to wait a bit. (Think this is the reaction btw)
If Apple is encrypting e2e that secures your data in the cloud , but still does not secure your device. Any government can still tell Apple to implement content scanning, and they will (see China airdrop issue)