They are cloud photos. I say that because:
1. The photos are in the process of being uploaded to the cloud when they are scanned
2. The result of the scan is attached to the photo only when it is uploaded to the cloud. If the photo is deleted from the cloud, or the upload is canceled, the scan result is discarded
Practically, the system works precisely the same whether or not the scanning happens on device before the image reaches the cloud, or on the server after the image reaches the cloud.
The only well-intentioned argument about why on-device vs. on-server scanning matters is that "slippery slope" argument, which presupposes that:
1. Apple putting this scanning code in iOS not only somehow makes it easier/more tempting to use it for non-CSAM, but all but guarantees it will be used for non-CSAM.
2. Apple does not already have the ability to run whatever code they want, on any of your devices, without you ever knowing
3. Apple folds very easily to government demands, especially when it comes to privacy, their core differentiator
I don't think any of these are true. You might think they are, but then I'm not sure what point there is in discussing any more.
> or if they are forced to.
I'm not sure what this implies. If someone forces you to upload a photo to the cloud, surely that will get scanned regardless of whether the scanning is performed on-device or on-server?