He allegedly used Stable Diffusion, a text-to-image generative AI model, to create “thousands of realistic images of prepubescent minors,” prosecutors said.
These cases are interesting tests of our first amendment rights. “Real” CP requires abuse of a minor, and I think we can all agree that it should be illegal. But it gets pretty messy when we are talking about depictions of abuse.
Currently, we do not outlaw written depictions nor drawings of child sexual abuse. In my opinion, we do not ban these things partly because they are obvious fictions. But also I think we recognize that we should not be in the business of criminalizing expression, regardless of how disgusting it is. I can imagine instances where these fictional depictions could be used in a way that is criminal, such as using them to blackmail someone. In the absence of any harm, it is difficult to justify criminalizing fictional depictions of child abuse.
So how are AI-generated depictions different? First, they are not obvious fictions. Is this enough to cross the line into criminal behavior? I think reasonable minds could disagree. Second, is there harm from these depictions? If the AI models were trained on abusive content, then yes there is harm directly tied to the generation of these images. But what if the training data did not include any abusive content, and these images really are purely depictions of imagination? Then the discussion of harms becomes pretty vague and indirect. Will these images embolden child abusers or increase demand for “real” images of abuse. Is that enough to criminalize them, or should they be treated like other fictional depictions?
We will have some very interesting case law around AI generated content and the limits of free speech. One could argue that the AI is not a person and has no right of free speech, so any content generated by AI could be regulated in any manner. But this argument fails to acknowledge that AI is a tool for expression, similar to pen and paper.
A big problem with AI content is that we have become accustomed to viewing photos and videos as trusted forms of truth. As we re-learn what forms of media can be trusted as “real,” we will likely change our opinions about fringe forms of AI-generated content and where it is appropriate to regulate them.
That’s it actually, all sites that allow it like danbooru, gelbooru, pixiv, etc. Have a clause against photo realistic content and they will remove it.
It comes back to distribution for me. If they are generating the stuff for themselves, gross, but I don’t see how it can really be illegal. But if your distributing them, how do we know their not real? The amount of investigative resources that would need to be dumped into that, and the impact on those investigators mental health, I don’t know. I really don’t have an answer, I don’t know how they make it illegal, but it really feels like distribution should be.
These cases are interesting tests of our first amendment rights. “Real” CP requires abuse of a minor, and I think we can all agree that it should be illegal. But it gets pretty messy when we are talking about depictions of abuse.
Currently, we do not outlaw written depictions nor drawings of child sexual abuse. In my opinion, we do not ban these things partly because they are obvious fictions. But also I think we recognize that we should not be in the business of criminalizing expression, regardless of how disgusting it is. I can imagine instances where these fictional depictions could be used in a way that is criminal, such as using them to blackmail someone. In the absence of any harm, it is difficult to justify criminalizing fictional depictions of child abuse.
So how are AI-generated depictions different? First, they are not obvious fictions. Is this enough to cross the line into criminal behavior? I think reasonable minds could disagree. Second, is there harm from these depictions? If the AI models were trained on abusive content, then yes there is harm directly tied to the generation of these images. But what if the training data did not include any abusive content, and these images really are purely depictions of imagination? Then the discussion of harms becomes pretty vague and indirect. Will these images embolden child abusers or increase demand for “real” images of abuse. Is that enough to criminalize them, or should they be treated like other fictional depictions?
We will have some very interesting case law around AI generated content and the limits of free speech. One could argue that the AI is not a person and has no right of free speech, so any content generated by AI could be regulated in any manner. But this argument fails to acknowledge that AI is a tool for expression, similar to pen and paper.
A big problem with AI content is that we have become accustomed to viewing photos and videos as trusted forms of truth. As we re-learn what forms of media can be trusted as “real,” we will likely change our opinions about fringe forms of AI-generated content and where it is appropriate to regulate them.
That’s it actually, all sites that allow it like danbooru, gelbooru, pixiv, etc. Have a clause against photo realistic content and they will remove it.
Cartoon CSAM is illegal in the United States
https://www.thefederalcriminalattorneys.com/possession-of-lolicon
https://en.wikipedia.org/wiki/PROTECT_Act_of_2003
It comes back to distribution for me. If they are generating the stuff for themselves, gross, but I don’t see how it can really be illegal. But if your distributing them, how do we know their not real? The amount of investigative resources that would need to be dumped into that, and the impact on those investigators mental health, I don’t know. I really don’t have an answer, I don’t know how they make it illegal, but it really feels like distribution should be.