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“CSAM generated by AI is still CSAM,” DOJ says after rare arrest
(arstechnica.com)
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this post was submitted on 22 May 2024
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Fuck that guy first of all.
What makes me think is, what about all that cartoon porn showing cartoon kids? What about hentai showing younger kids? What's the difference if all are fake and being distributed online as well?
Not defending him.
I think there’s certainly an argument here. What if the hentai was more lifelike? What if the AI stuff was less realistic? Where’s the line?
At least in the US, courts have been pretty shitty at defining things like “obscenity”. This AI stuff might force them to delineate more clearly.
What if someone draws their own CSAM and they're terrible at drawing but it's still recognizable as CSAM?
Ethically is one question, but the law is written such that it's pretty narrowly covering only photograph-style visual depictions that are virtually indistinguishable from an actual child engaged in explicit conduct in the view of a reasonable person that is also lacking in any other artistic or cultural significance.
Or in short: if it looks like an actual image of actual children being actually explicit, then it's illegal.
Makes sense.
So it’s all good as long as they have elf ears or that counts as realistic too?
Two things:
So long as an ordinary person would know that it's not a real child being abused, or a real child being depicted (placing a real child's face on a compromising photo), it's protected, albeit extremely unpleasant, speech.
While I think Hentai showing that stuff is disgusting AI is worse because you need to get the training material from somewhere so its far from victimless. Edit: I just learned that it does not have to be in the dataset though there should be regulations that forces the companies to open source the data set.
https://commoncrawl.org/
https://laion.ai/
It's not what's used by all of them, but it's pretty popular.