I think another major point to consider going forward is if it is problematic if people can generate all sorts of illegal stuff. If it is AI generated it is a victimless crime, so should it be illegal? I personally feel uncomfortable with the thought of several things being legal, but I can’t logically argue for it being illegal without a victim.
I’ve been thinking about this recently too, and I have similar feelings.
I’m just gonna come out and say it without beating around the bush: what is the law’s position on AI-generated child porn?
More importantly, what should it be?
It probably goes without saying that the training data absolutely should not contain CP, for reasons that should be obvious to anybody. But what if it wasn’t?
If we’re basing the law on pragmatism rather than emotional reaction, I guess it comes down to whether creating this material would embolden paedophiles and lead to more predatory behaviour, or whether it would satisfy their desires enough to cause a substantial drop in predatory behaviour.
And to know that, we’d need extensive and extremely controversial studies. Beyond that, even in the event allowing this stuff to be generated is an overall positive (and I don’t know whether it would or won’t), will many politicians actually call for this stuff to be allowed? Seems like the kind of thing that could ruin a political career. Nobody’s touching that with a ten foot pole.
what is the law’s position on AI-generated child porn?
the simplest possible explanation here, is that any porn created based on images of children, is de facto illegal. If it’s trained on adults explicitly, and you prompt it for child porn, that’s a grey area, probably going to follow precedent for drawn art, rather than real content.
Let’s play devils advocate. You find Bob the pedophile with pictures depicting horrible things. 2 things are true.
Although you can’t necessarily help Bob you can lock him up preventing him from doing harm and permanently brand him as a dangerous person making it less likely for actual children to be harmed.
Bob can’t claim actual depictions of abuse are AI generated and force you to find the unknown victim before you can lock him and his confederates up. If the law doesn’t distinguish between simulated and actual abuse then in both cases Bob just goes to jail.
A third factor is that this technology and the inherent lack of privacy on the internet could potentially pinpoint numerous unknown pedophiles who can even if they haven’t done any harm yet be profitably persecuted to societies ultimate profit so long as you value innocent kids more than perverts.
Good arguments. I think I am convinced that both cases should be illegal.
If the pictures are real they probably increase demand, which is harmful. If the person knew, then the action therefore should result in jail and forced therapy.
If the pictures are not, forced therapy is probably the best option.
So I guess it being illegal in most cases simply to force therapy is the way to go. Even if it in one case is “victimless”. If they don’t manage to plausibly seem rehabilitated by professionals, then jail time for them.
I would assume (but don’t really know) most pedophiles don’t truly want to act on it, and don’t want to have those urges. And would voluntarily go to therapy.
Which is why I am convinced prevention is the way to go. Not sacrificing privacy. In Norway we have anonymous ways for pedophiles to seek help. There have been posters and ads for it a lot of places a year back or something. I have not researched how it works in practice though.
Am I reading this right? You’re for prosecuting people who have broken no laws?
I’ll add this; I have sexual fantasies (not involving children) that would be repugnant to me IRL. Should I be in jail for having those fantasies, even though I would never act on them?
This sounds like some Minority Report hellscape society.
What about an AI gen of a violent rape and murder. Shouldn’t that also be illegal.
But we have movies that have protected that sort of thing for years; graphically. Do those the become illegal after the fact?
And we also have movies of children being victimized so do these likewise become illegal?
We already have studies that show watching violence does not make one violent and while some refuse to accept that, it is well established science.
There is no reason to believe the same isn’t true for watching sexual assault. There are been many many movies that contain such scenes.
But ultimately the issue will become that there is no way to prevent it. The hardware to generate this stuff is already in our pockets. It may not be efficient but it’s possible and efficiency will increase.
The prompts to generate this stuff are easily shared and there is no way to stop that without monitoring all communication and even then I’m sure work around would occur.
Prohibition requires society sacrifice freedoms and we have to decide what weee willing to sacrifice here because as we’ve seen with or prohibitions, once we unleash the law on one, it can be impossible to undo.
It’s so much simpler than that—it can be created now, so it will be. They will use narrative twists to post it on the clearnet, just like they do with anime (she’s really a 1000 year old vampire, etc.). Creating laws to allow it are simply setting the rules of the phenomenon that is already going to be happening.
The only question is whether or not politicians will stop mud slinging long enough to have an adult conversation, or will we just shove everything into the more obscure parts of the internet and let it police itself.
I’ve been thinking about this recently too, and I have similar feelings.
I’m just gonna come out and say it without beating around the bush: what is the law’s position on AI-generated child porn?
More importantly, what should it be?
It probably goes without saying that the training data absolutely should not contain CP, for reasons that should be obvious to anybody. But what if it wasn’t?
If we’re basing the law on pragmatism rather than emotional reaction, I guess it comes down to whether creating this material would embolden paedophiles and lead to more predatory behaviour, or whether it would satisfy their desires enough to cause a substantial drop in predatory behaviour.
And to know that, we’d need extensive and extremely controversial studies. Beyond that, even in the event allowing this stuff to be generated is an overall positive (and I don’t know whether it would or won’t), will many politicians actually call for this stuff to be allowed? Seems like the kind of thing that could ruin a political career. Nobody’s touching that with a ten foot pole.
the simplest possible explanation here, is that any porn created based on images of children, is de facto illegal. If it’s trained on adults explicitly, and you prompt it for child porn, that’s a grey area, probably going to follow precedent for drawn art, rather than real content.
Let’s play devils advocate. You find Bob the pedophile with pictures depicting horrible things. 2 things are true.
Although you can’t necessarily help Bob you can lock him up preventing him from doing harm and permanently brand him as a dangerous person making it less likely for actual children to be harmed.
Bob can’t claim actual depictions of abuse are AI generated and force you to find the unknown victim before you can lock him and his confederates up. If the law doesn’t distinguish between simulated and actual abuse then in both cases Bob just goes to jail.
A third factor is that this technology and the inherent lack of privacy on the internet could potentially pinpoint numerous unknown pedophiles who can even if they haven’t done any harm yet be profitably persecuted to societies ultimate profit so long as you value innocent kids more than perverts.
Good arguments. I think I am convinced that both cases should be illegal.
If the pictures are real they probably increase demand, which is harmful. If the person knew, then the action therefore should result in jail and forced therapy.
If the pictures are not, forced therapy is probably the best option.
So I guess it being illegal in most cases simply to force therapy is the way to go. Even if it in one case is “victimless”. If they don’t manage to plausibly seem rehabilitated by professionals, then jail time for them.
I would assume (but don’t really know) most pedophiles don’t truly want to act on it, and don’t want to have those urges. And would voluntarily go to therapy.
Which is why I am convinced prevention is the way to go. Not sacrificing privacy. In Norway we have anonymous ways for pedophiles to seek help. There have been posters and ads for it a lot of places a year back or something. I have not researched how it works in practice though.
Am I reading this right? You’re for prosecuting people who have broken no laws?
I’ll add this; I have sexual fantasies (not involving children) that would be repugnant to me IRL. Should I be in jail for having those fantasies, even though I would never act on them?
This sounds like some Minority Report hellscape society.
Correct. This quickly approaches thought crime.
What about an AI gen of a violent rape and murder. Shouldn’t that also be illegal.
But we have movies that have protected that sort of thing for years; graphically. Do those the become illegal after the fact?
And we also have movies of children being victimized so do these likewise become illegal?
We already have studies that show watching violence does not make one violent and while some refuse to accept that, it is well established science.
There is no reason to believe the same isn’t true for watching sexual assault. There are been many many movies that contain such scenes.
But ultimately the issue will become that there is no way to prevent it. The hardware to generate this stuff is already in our pockets. It may not be efficient but it’s possible and efficiency will increase.
The prompts to generate this stuff are easily shared and there is no way to stop that without monitoring all communication and even then I’m sure work around would occur.
Prohibition requires society sacrifice freedoms and we have to decide what weee willing to sacrifice here because as we’ve seen with or prohibitions, once we unleash the law on one, it can be impossible to undo.
It’s so much simpler than that—it can be created now, so it will be. They will use narrative twists to post it on the clearnet, just like they do with anime (she’s really a 1000 year old vampire, etc.). Creating laws to allow it are simply setting the rules of the phenomenon that is already going to be happening.
The only question is whether or not politicians will stop mud slinging long enough to have an adult conversation, or will we just shove everything into the more obscure parts of the internet and let it police itself.