For context: I submitted this to Apple in September 2025 and waited 6 months before publishing. Apple closed both reports citing FileVault as a mitigation, which is technically accurate but FileVault is opt-in and many people disable it during setup without understanding what it does (myself included when I got my MacBook in 2020). My personal view is that the behavior significantly reduces the effort required to persist data on an unencrypted system compared to for example side-loading Linux. Regardless, Tahoe 26.3 (It might have been patched before, I didn't check) appears to have silently patched both issues.
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