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Judge dismisses lawsuit against Apple over alleged child sexual abuse material on iCloud

By CNN

New York (CNN) — 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.

The plaintiffs are “reviewing Judge Wise’s ruling and evaluating our options,” Hillary Nappi, a lawyer representing the plaintiffs, said in an email.

“This decision only adds urgency to the pending legislative efforts to ensure technology companies can be held accountable for the harm caused by their design choices,” she added.

Apple has made privacy and security for users a hallmark of its brand, but the iPhone maker has for years also faced criticism that it could be doing more to prevent bad actors from operating on its systems.

In 2021, the company walked back a controversial plan to detect CSAM on iCloud. Though some child safety advocates supported the attempt, critics raised privacy concerns because the detection would happen directly on user devices.

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. (At the time, an Apple spokesperson said that “protecting the safety and privacy of our users, especially children, is central to what we do.”)

The ruling is a major win for a tech giant using Section 230 in a year that has tested the limits of the law’s liability shield.

Earlier this year, two cases sidestepped Section 230 to hold Meta and YouTube liable for harms against their users by focusing on the companies’ design choices. In one case, in New Mexico, Meta was ordered to pay $375 million in damages; in the other, in California, Meta and YouTube were ordered to pay a combined $6 million in damages.

Growing concerns around the risks of social media to young people have reignited a discussion on and around Capitol Hill about whether Section 230 should be reformed or repealed. Recent lawsuits have also shed light on what tech companies have known about those risks.

CNN has reached out to Apple for comment.

The-CNN-Wire
™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.

A DC trial was wrapping up when jurors made a discovery that shocked the courtroom

By CNN
(CNN) — The charges at a monthlong criminal trial in Washington’s federal court last month were fairly straightforward: That one man had allegedly held up seven 7-Elevens and a few other gas stations in spring 2023 and stolen cars.But the trial of Shamell Naquan Joyner had a twist. While deliberating, jurors found a Chinese yuan in one sweatshirt that was in evidence. And inside a jacket that was also part of the case, they found suspicious white powder in a folded up piece of paper. The prosecutors and judge said it appeared to be drugs.The DC US Attorney’s Office, law enforcement on the case and the defense team hadn’t known.The events of the jury deliberation raised eyebrows across the federal court in recent days, as word spread of what happened.Several longtime lawyers in Washington told CNN last week they hadn’t heard of a situation as embarrassing as this one, though some former prosecutors in DC conceded that every few years, a jury might land upon a piece of evidence that wasn’t examined by law enforcement thoroughly enough.Judge Rudolph Contreras, who presided over the trial, was flabbergasted.“The Court shares Mr. Joyner’s amazement at law enforcement’s failure to uncover the Chinese Yuan, note, and powdery substance in the physical evidence,” the judge, who has a decade of experience on the bench, wrote in an opinion a few days later.“Mr. Liolos, who I know is from New York, is probably astonished that any money got past the police department,” the judge also said on the bench, referring to John Liolos, one of Joyner’s lawyers.The FBI declined to comment when asked how agents on the case weren’t aware of the drugs and money in the pockets.When asked about how the evidence oversight happened, a spokesperson for the DC US Attorney’s Office didn’t answer directly.The accusationsProsecutors alleged Joyner had robbed 10 convenience stores and gas stations in central Washington, Maryland and northern Virginia in the spring of 2023. The robberies at first started a few days apart in April, then by May 2, Joyner was hitting several in the same day, they alleged. He also was accused of armed carjackings around two of the days that the armed robberies occurred.The series of incidents resulted in a 28-count indictment against Joyner in 2003. He wasn’t charged with drug possession.The case was big for the US Attorney’s Office. The trial lasted a full month, with the jury hearing witnesses testify over 10 trial days, then deliberations lasting another week. Joyner had as many as nine lawyers and three prosecutors at trial.The discoveryAs the jury was leaving on July 22, their second day of deliberations, a juror told courthouse staff they had found some items inside a jacket and a sweatshirt found in one of the carjacked cars that had been worn by the alleged robber.“We were looking at (the jacket), and (one of the jurors) reached in the breast pocket and she pulled out — it looked like a receipt, but there was a white powder or white substance inside,” the jury foreperson told the court on July 23, the next morning, according to a trial transcript obtained by CNN.“Some of it, kind of, spilled out a little bit, but (a juror) put it back in the pocket and we put it back in the bag,” the unnamed juror said.There was a sweatshirt the jurors could examine too as evidence in the jury room. A juror had looked in the pocket there “and he pulled out — it was crumpled up — it was a bill … one of the Chinese Yuan bills,” the foreperson then said.When the jurors found the suspected drugs and money in the pockets at the end of the second day of jury deliberations, the issue opened up major legal questions for Joyner.Both items of clothing had been key evidence putting Joyner at the scene of two of the May 2 robberies, and were inside the Toyota he was accused of stealing when police captured it a few days later.Would the jurors be prejudiced against Joyner now? Had the jury finding the suspected drugs corroborated witness testimony from the trial further than what Joyner’s defense lawyers anticipated?The Justice Department argued that a witness testified about Joyner stealing money during the armed robbery of four different convenience stores. At one of the 7-Elevens, a witness said the robber took his wallet, and it had in it a Chinese Yuan from a college study abroad trip.A cooperator who drove Joyner separately testified Joyner had paid him in drugs the night Joyner allegedly held up a gas station. The jacket with the apparent drugs in the pocket had been worn by the armed robber.After the discovery in the pockets, Contreras brought each of the jurors into the courtroom one by one.He told them the Chinese bill and the apparent drugs weren’t part of the evidence in the case. The jurors each told the court they could set aside those items in their consideration of the case against Joyner.They went back to deliberating.The verdictThe following Monday — the fifth day of deliberations — the jury had reached another predicament.They said they realized they couldn’t agree on more than half of the charges — representing five of the alleged armed robberies and one carjacking — Joyner faced.“The jury remains deadlocked on or unable to vote on the remaining 15 counts in this case,” they said in a note to the judge. “Our differences are in the areas of what constitutes a reasonable doubt and in how to determine identity beyond a reasonable doubt … In the absence of additional evidence or testimony, we cannot reach verdicts on the remaining 15 counts.”So, Contreras ended deliberations, taking a partial verdict.The diligence of the jury, unable to come to an agreement on several of the charges against Joyner, echoed an unusual challenge the US Attorney’s Office has faced in several other criminal trials this year.Still, the jury found Joyner guilty of 13 criminal charges, representing an armed robbery in mid-April 2023 in downtown Washington, and four armed robberies and a carjacking on May 2, 2023, in Northwest Washington and Maryland. “The jury’s verdict ensures the defendant will face a 31year mandatory minimum sentence, making the D.C. community safer with this serial robber off the streets,” a spokesperson from the US Attorney’s Office said about the case.Joyner’s defense attorneys haven’t yet appealed his conviction. They declined to comment because a final judgment in the case is not set in stone.The-CNN-Wire™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.
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