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West Virginia Sues Apple, Alleging iCloud Enabled CSAM and Seeking Court-Ordered Safety Changes

The filing seeks court-ordered CSAM detection changes that could test state power over platform design.

Overview

  • Attorney General JB McCuskey filed the consumer-protection case in Mason County Circuit Court, citing a 2020 Apple text calling iCloud “the greatest platform for distributing child porn,” and describing the suit as the first of its kind by a government agency.
  • The complaint alleges Apple prioritized privacy branding and business interests over child safety and failed to proactively detect abusive material across iOS and iCloud.
  • West Virginia seeks statutory and punitive damages plus injunctive relief requiring effective detection tools and safer product designs.
  • The state highlights 2023 reporting to NCMEC as evidence of gaps, noting Apple filed 267 reports compared with 1.47 million by Google and 30.6 million by Meta.
  • Apple says protecting children and user privacy is central to its products and points to features like Communication Safety, as the suit references Apple’s scrapped 2021 NeuralHash plan and parallels a 2024 survivor lawsuit Apple moved to dismiss under Section 230.