We should all be concerned when the gold standard of technology privacy, Apple, is snooping on our Instant Messenger.  Forbes reported that Apple's new iMessage update will essentially be scanning photo exchanges of underage users and comparing them with databases to help thwart child pornography.  Yes, this is a noble cause.  But at a significant cost of privacy rights.

Clearly, Apple is trying to alleviate world-wide government concerns of illegal activity.  But as lawyers, we have to worry about attorney-client privilege.  While I certainly do not suggest that your client send you child pornography, the questions become: (1) what may be inadvertently tagged by Apple's algorithm and reported to the authorities thus possibly breaching attorney-client privilege and (2) when will Apple inch again to appease law enforcement thus potentially revealing other client-privileged data on our devices.  This is not just a concern for Apple users but for any computer user who thinks their communications have a semblance of privacy between themself and others.

ABA Model Rule 1.1[8] & Rule 1.6 (c), requires attorneys to take some basic steps to ensure your devices are adequately secure for privilege issues.  You don't have to be an expert; but you should know basics.  Some obvious steps are to encrypt your hard drives, don't download and open files and links that look unsafe, and when you are in public, use a VPN.

Be careful out there!

MTC