I was using iCloud Photo Library before this was announced.
None of my photos have been scanned, nor ever will be unless I choose for them to be. I don’t have to do anything to achieve this. They won’t scan anything unless I decide to go ahead.
That is the very meaning of opt-in.
Opt-out typically means that someone will go ahead with something unless you decline. This is not that.
I do agree that if I don’t want on device scanning in future, I will need to choose another could photo service, but in the meantime, nothing will be scanned without me taking positive action to initiate it.
How does encryption help prevent porn being sent to pre-teens?