Which is bad. Not good. Yes, if someone makes deepfake child porn of a real kid that’s definitely very awful and bad. But it should also be just as illegal to make AI generated porn of children even if they’re not deepfakes of real kids.
Anime/digital images of minors having sex having been a thing for decades has fucked things up. Those have been criminalized in some places in the world, but are considered distasteful but legal art in lots of others. Since AI generated images are fictional digital images created entirely by a computer and don’t depict an actual crime taking place against an actual child, they can fall into the same legal area as hand drawn or other digitally made images of the same thing.
Laws focusing only on deepfakes of real kids are not good things, because all they do is put the burden of proof on the prosecution. It means that they need to prove this massive collection of photos of child rape they found on Steve Miller’s laptop are meant to depicting real kids, which means they need to find the real kids with nothing but AI generated photos of child rape before they can prove a crime has been committed.
When it’s found that someone has images of kids being raped, that should be enough. Whether you can ever locate the actual kids in the photos, whether you can ever prove this person is guilty of raping kids, possession of the photos in and of itself should be enough for them to be locked up, cause farther investigation, and for them to be sent to prison even if no farther crimes are discovered.
No one should be able to say “Oh, those aren’t fakes of real kids, it’s just fictional art.” and have that be an actual legal defense. This is potentially why Elon Musk wants to stop this bill. There are definitely people who want it to remain a legal loophole and possible viable defense for those caught with CSAM.
This is literally what the law is trying to stop.
Which is bad. Not good. Yes, if someone makes deepfake child porn of a real kid that’s definitely very awful and bad. But it should also be just as illegal to make AI generated porn of children even if they’re not deepfakes of real kids.
Anime/digital images of minors having sex having been a thing for decades has fucked things up. Those have been criminalized in some places in the world, but are considered distasteful but legal art in lots of others. Since AI generated images are fictional digital images created entirely by a computer and don’t depict an actual crime taking place against an actual child, they can fall into the same legal area as hand drawn or other digitally made images of the same thing.
Laws focusing only on deepfakes of real kids are not good things, because all they do is put the burden of proof on the prosecution. It means that they need to prove this massive collection of photos of child rape they found on Steve Miller’s laptop are meant to depicting real kids, which means they need to find the real kids with nothing but AI generated photos of child rape before they can prove a crime has been committed.
When it’s found that someone has images of kids being raped, that should be enough. Whether you can ever locate the actual kids in the photos, whether you can ever prove this person is guilty of raping kids, possession of the photos in and of itself should be enough for them to be locked up, cause farther investigation, and for them to be sent to prison even if no farther crimes are discovered.
No one should be able to say “Oh, those aren’t fakes of real kids, it’s just fictional art.” and have that be an actual legal defense. This is potentially why Elon Musk wants to stop this bill. There are definitely people who want it to remain a legal loophole and possible viable defense for those caught with CSAM.