New Mexico is seeking an injunction to permanently block Snap from practices allegedly harming kids. That includes a halt on advertising Snapchat as “more private” or “less permanent” due to the alleged “core design problem” and “inherent danger” of Snap’s disappearing messages. The state’s complaint noted that the FBI has said that “Snapchat is the preferred app by criminals because its design features provide a false sense of security to the victim that their photos will disappear and not be screenshotted.”

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8 points

But now they can argue that they aren’t sexually attracted to children, just AI artwork, which is technically not an image of a child. And unless I missed it, they were not trying to meet the girl.

The problem is going to be that images that aren’t real of a crime aren’t a crime. Of the opposite was true, images of murder would be illegal. Can’t just cherry pick.

If I draw a stick figure and label it “naked girl,” does it become child porn? What if I’m a really good artist?

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7 points

I believe that cartoon images depicting sex of underage kids is still illegal. At least in the US.

Feel free to correct me if I am wrong but seems like I remember this from a news article a while back. Maybe it was just a specific state.

I am not going to Google that one though to find out though.

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6 points

https://cellebrite.com/en/ai-and-csam-a-look-at-real-cases/

Best I could find about this.

Imo as long as the ai was not trained on actual CSAM and the product is not depicting real people, then it shouldn’t be illegal as it is not hurting anyone which is why we have laws against CSAM in the first place.

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3 points

What if it normalises CSAM and some people don’t discerne between real and AI?

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3 points

I think the bar is whether it could be reasonably mistaken for a real child. Which makes quite a lot of disgusting content legal.

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7 points

I also find it to be repugnant, but if the images are not based on real people and the ai was not trained on real csam(good luck proving this either way), then it shouldn’t be illegal. The laws were made to protect kids, and drawings of purly fictional characters are not hurting the kids.

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3 points

Yeah don’t Google it hahaha

It what makes it a child? There’s some creepy anime girls who definitely fall into that questionable category. And if I label a stick figure with an age… does that make it illegal? What about an ai image with bubble text that says “I’m not real. I’m 18, I have a magical curse on me etc etc” now it’s fiction?

Since it isn’t actually real… what is the line, and how can that line be measured? Since this is just going to keep being a problem, this awkward conversation needs to happen in a logical, calm manner.

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4 points

https://cellebrite.com/en/ai-and-csam-a-look-at-real-cases/

Best I could find about this.

Imo as long as the ai was not trained on actual CSAM and the product is not depicting real people, then it shouldn’t be illegal as it is not hurting anyone which is why we have laws against CSAM in the first place.

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-1 points

When the “AI artwork” is made for the specific purpose of representing underage children and is indistinguishable from the real thing, that argument is going to get flattened pretty quickly.

Pretty easy to present a couple pages to a jury of kids pictures (not nude) and say “tell us which ones were AI”.

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3 points
*

Well that’s not how the law works. A jury wouldn’t decide that. They don’t get to say “close enough for fake to be real” because real has a name and fake doesn’t have a name.

The crime is possessing a photo of a thing that happened. A real person was abused. The fake image, like a realistic painting of a fictional event, does not actually involve a person getting hurt.

Let me set up a situation: A person creates a very realistic, but fake, video. They first have the character walk onto the screen in a wireframe. Then, the animation begins to build on texture and now we have a person on a green background. They look real, but we know for sure it’s not real. Then the background enters in the same way. Now the video appears to be real, but… we know it’s not. Just like movie, those are just special effects even if it looks pretty believable.

The crime is a documented event of someone being hurt. If there was a video of a person actually killing a person, that video could be considered evidence of a crime. But if that event was staged as part of a video intended as entertainment, there is no crime and that video isn’t real.

Of course, the topic of child abuse is difficult to talk about. One may make the statement that fake images lead people to the real thing, and that would encourage people to do bad things. Well, they said the same thing about video games—so we would obviously need to apply the same laws to them. Movies and books about crimes could also encourage people to commit crimes, so those need to be banned entirely, and my huge collection of horror movies could put me in jail for life.

The line becomes impossible to draw.

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1 point

And if that video built to feature a child performing fellario, it would still be child pornography

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