Precisely! The software running on the phone should be representing the owner of the phone, period. We begrudgingly accept cloud scanning because that ship has already sailed, despite it being a violation of the analog of fiduciary duty. But setting the precedent that software on a user's device should be running actions that betray the user is from the same authoritarian vein as remote attestation. The option ignored by the "isn't this a good tradeoff" question is one where the device encrypts files before uploading them to iCloud, iCloud may scan the encrypted bits anyway to do their legal duty, and that's the end of the story. This is what we'd expect to be happening if device owners' interests were being represented by the software on the device, and so we should demand no less despite the software being proprietary.