Predictably, the argument is being misconstrued in the media (with help from a defendant).
In a previous filing, Concord said:
In other words — and this is true — SCO has obtained a fair amount of information that it is ready to discuss with the Court ex parte but at the same time reluctant to hand over en masse to Concord itself.
Included in the pile of information are photographs of various kinds.
Concord’s attorneys, picking on the existence of certain photographs to delegitimize the SCO’s overall concern, end their latest filing with the following question:
“Could the manner in which [SCO] collected a nude selfie really threaten the national security of the United States?”
You can see that the question is disingenuous.