Originally Posted by jragosta
I don't believe that's correct. Read the original article:
"The iCloud Terms and Conditions contain provisions for Apple to "pre-screen, move, refuse, modify and/or remove" content that is found to be objectionable. The company also retains the right to "access, use, preserve and/or disclose" account information and content to law enforcement authorities. The report noted that Apple's Terms allow it to check content for copyright infringement as per the Digital Millennium Copyright Act."
Apple has the right to check content for copyright infringement. They also have the right to pre-screen content to see if it is objectionable (per the iCloud T&C).
But feel free to show which of "god knows how many laws" Apple is violating.
Yes, they can pre-screen move, refuse, modify etc data that is FOUND to be objectionable and pass it on to AUTHORITIES or Apple will TERMINATE the account.
There is also no mention of checking for copyright infringement in iCloud's T&Cs. I've got it open in another window right now.
Just read it and see:
You will not use the service to
e.\tengage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Copyright Notice - DMCA
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Apple's Copyright Agent as described in our Copyright Policy at http://www.apple.com/legal/trademark...copyright.html
. Apple may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
Access to Your Account and Content
Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law.
Apple CAN screen your data, but they must first be notified either by someone claiming infringement or the authorities. It says it in plain English.
I can think of three laws where randomly checking data and emails would apply:
Regulation of Investigatory Powers Act
Data Protection Directive
Data Protection Act
In Europe, Apple cannot randomly analyse data unless there is reason to do so. To "check that it doesn't break the T&Cs because of reasons" is not good enough.