Not a lawyer, but I believe this part about legality is inaccurate, because they aren’t copying your photos without notice. The feature is not harvesting suspect photos from a device, it is attaching data to all photos before they are uploaded to Apple’s servers. If you’re not using iCloud Photos, the feature will not be activated. Furthermore, they’re not knowingly transferring CSAM, because the system is designed only to notify them when a certain “threshold” of suspect images has been crossed.
In this way it’s identical in practice to what Google and Facebook are already doing with photos that end up on their servers, they just run the check before the upload instead of after. I certainly have reservations about their technique here, but this argument doesn’t add up to me.