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this post was submitted on 06 Sep 2024
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I don’t understand how this would be fine but pedophiles generating them at home without distributing them would be illegal.
Cause the cops are creating CSAM and putting it out there in some shape or form, which you could argue would encourage pedophiles same way circulating ai images would as well.
Either generating under age sensitive material is always wrong or it’s not.
The article didn't say the cops generated AI CSAM. It said they created a profile pic, which was shown in the article.
So if someone generates a minor’s image and it’s not nude, is that not CSAM?
I’m genuinely asking, I always thought it was about sexualizing children, not whether they are nude or not.
I don't think so. People keep throwing that acronym around but I suspect they didn't read the article and find out that it was one normal picture of a high school-aged girl.
I actually read it and then made a comment because even though it’s a profile picture, the intent is to have a viewer sexual the picture and thereby sexualizing a minor.
I do get how it’s a normal picture, but it made me think of this slippery slope and where the line is.
Federal law is creating fictional CSAM at home without transmitting it is legal.
The few AI arrests I've seen they transmitted them.
Huh, that’s very different from what other people have said before
https://en.wikipedia.org/wiki/Legal_status_of_fictional_pornography_depicting_minors
Specifically: distribute, receive, or possess with intent to transfer or distribute visual representations
Edit: So it has to be 100% locally generated and never transmitted. You still wouldn't want to try and fight this in court though, I'm sure they'd do their best to throw you in jail, or fabricate an intent to distribute if you'd made a lot, even with all the images you generated to try and get the images you actually wanted.
Edit: Also this is federal, there may be other state laws.
I mean with the intent just means that possession is illegal cause all it takes is the judge to decide there was intent.
I guess I was right that possession is essentially illegal too.
The prosecutor needs to convince the jury there was intent. Intent is one of the hardest things to prove beyond a reasonable doubt in court without evidence and motive. It's not a guarantee especially with no history.
Edit: And in this case, a history means you've probably already been convicted as thats what the history would lead to.
If it gets to a trial instead of a plea deal, but fair enough, that is a rather reasonable guardrail.
Ya, I imagine many of these highly specific cases would plead out to something not involving jail and/or pedophile record. Stakes are pretty high and that's a big gamble. A case like this it'd be hard to have a sympathetic jury.