Comment by dragonwriter
Comment by dragonwriter 10 months ago
> Is there any legal precedent about AI CSAM yet?
Is there specific case law concerning AI depictions? Maybe not, but it is already a federal crime to knowingly produce, distribute, receive, or possesses with intent to distribute "a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting" that (in simple terms) are both obscene and depict or appear to depict minors in sexually explicit scenarios, and there is very little reason to think that courts would carve out AI from this general prohibition.
18 USC Sec. 1446A: https://www.law.cornell.edu/uscode/text/18/1466A
This was struck down in Ashcroft v Free Speech Coalition. A new bill, the PROTECT Act, came about. But it only bans CP artwork that is "virtually indistinguishable" from real photos. I suspect it too will be struck down if prosecutors attempt to use it.