Judge dismisses lawsuit accusing Apple of failing to restrict child sexual abuse material
A federal judge on Monday dismissed a lawsuit that accused Apple of failing to restrict child sexual abuse material on iCloud, saying there is no law requiring companies to identify and report such material.
The lawsuit, filed in December 2024 by two women using pseudonyms, alleges that Apple harmed victims of child sexual abuse by implementing a proposal designed to protect children, then failing to implement that proposal or restrict child sexual abuse material.
Apple argued that it was protected by Section 230 of the Communications Decency Act, which has long shielded companies from liability for content on their platforms.
“If lawmakers want to ensure that Apple and other companies address their role in the dissemination” of child sexual abuse material, they must legally require it, Judge Noël Wise of the U.S. District Court for the Northern District of California said in her appeal. “Legislators can address this problem, which contributes to the exploitation of children.”
The suit, a proposed class action with a potential class of 2,680 victims, highlighted concerns that Apple’s iCloud privacy allows illegal material to be easily stored and shared on the service. Regulators started paying attention.
In February, the West Virginia attorney general sued Apple, alleging that the company facilitated the distribution of child sexual abuse material. In March, the Kansas attorney general threatened to enforce a local consumer protection law against Apple if the company did not protect iCloud from child sexual abuse material.
Apple declined to comment.
Hillary Nappi, an attorney for the plaintiffs in the lawsuit, said the legal team is reviewing the ruling and evaluating its options. The lawsuit demanded changes in Apple’s practices and more than $1.2 billion in damages from Apple.
Apple has previously been sued by victims over its role in the circulation of child sexual abuse material. In August 2024, a 9-year-old girl in North Carolina sued the company after strangers sent her children sexual abuse videos via iCloud and encouraged her to film and upload her own nude videos. That case was largely dismissed last year.
“This is an extremely disappointing day for the thousands of victims who were part of this case and who have been asking Apple for years to justify why they are making money storing and sharing their sexual abuse on iCloud,” said Sarah Gardner, founder of the Heat Initiative, a child safety group that helped bring the lawsuit. “These victims deserve justice.”