This is tough. If it was just a sicko who generated the images for himself locally… that is the definition of a victimless crime, no? And it might actually dissuade him from seeking out real CSAM…
BUT, iirc he was actually distributing the material, and even contacted minors, so… yeah he definitely needed to be arrested.
But, I’m still torn on the first scenario…
Image-generating AI is capable of generating images that are not like anything that was in its training set.
In that case probably the strongest argument is that if it were legal, many people would get off charges of real CSAM because the prosecuter can’t prove that it wasn’t AI generated.
AI can compose novel looking things from components it has been trained on - it can’t imagine new concepts. If CSAM is being generated it’s because it was included in it’s training set which is highly suspected as we know the common corpus had CSAM in it: https://cyber.fsi.stanford.edu/news/investigation-finds-ai-image-generation-models-trained-child-abuse
It’s interesting your bring this up. Not long ago I was having basically this exact same discussion with my brother. Baring you second point, I honestly don’t know how I feel.
On the one hand - if it’s strictly images for himself and it DOES dissuade seeking out real CSAM (I’m not convinced of this) then I don’t really see the issue.
On the other hand - I feel like it could be a gateway to something more (your second point). Kinda like a drug, right? You need a heavier and heavier hit to keep the same high. Seems like it wouldn’t be a stretch to go from AI generated imagery to actual CSAM.
But yeah, I don’t know. We live in an odd time for sure.
On the other hand - I feel like it could be a gateway to something m
You mean like marijuana and violent video games?
Except in the case of pornography, it’s an open question if viewing it has a net increase or decrease in sexual desire.
With legal pornography, it’s typically correlated with higher sexual desire. This tracks intuitively, since the existence of pornography does not typically seem to line up with a drop in people looking for romantic partners.
There’s little reason to believe it works the other way around for people attracted to children.
What’s unknown is if that desire is enough to outweigh the legal consequences they’re aware of, or any social or ethical boundaries present.
Studies have been done, but finding people outside of the legal system who abuse children is exceptionally difficult, even before the ethical obligation to report them to the police would trash the study.
So the studies end up focusing either on people actively seeking treatment for unwanted impulses (less likely to show a correlation), or people engaged with the legal system in some capacity (more likely to show correlation).
First off, this is obviously a sticky topic. Every conversation is controversial and speculative.
Second, I don’t really see a lot of legitimacy to the “gateway” concept. The vast majority of people use some variety of drug (caffeine, alcohol, nicotine), and that doesn’t really reliably predict “harder” drug use. Lots of people use marijuana and that doesn’t reliably predict hard drug use. Obviously, the people who use heroin and meth have probably used cocaine and ketamine, and weed before that, and alcohol/caffeine/nicotine before that, but that’s not really a “gateway” pipeline so much as paying through finer and finer filters. As far as I know, the concept has fallen pretty heavily out of favor with serious researchers.
In light of that perspective, I think you have to consider the goal. Is your goal to punish people, or to reduce the number and severity of victims? Mine is the latter. Personally, I think this sort of thing peels off many more low-level offenders to low-effort outlets than it emboldens to higher-severity outlets. I think this is ultimately a mental-health problem, and zero-tolerance mandatory reporting (while well-meaning) does more harm than good.
I’d rather that those with these kinds of mental issues have 1. the tools to take the edge off in victimless ways 2. safe spaces to discuss these inclinations without fear of incarceration. I think blockading those avenues yields a net increase the number and severity of victims.
This seems like a net benefit, reducing the overall number and severity of actual victims.
But, I’m still torn on the first scenario…
To me it comes down to a single question:
“Does exposure and availability to CSAM for pedophiles correlate with increased or decreased likelihood of harming a child?”
If there’s a reduction effect by providing an outlet for arousal that isn’t actually harming anyone - that sounds like a pretty big win.
If there’s a force multiplier effect where exposure and availability means it’s even more of an obsession and focus such that there’s increased likelihood to harm children, then society should make the AI generated version illegal too.
Hoooooly hell, good luck getting that study going. No ethical concerns there!
How they’ve done it in the past is by tracking the criminal history of people caught with csam, arrested for abuse, or some combination thereof, or by tracking the outcomes of people seeking therapy for pedophilia.
It’s not perfect due to the sample biases, but the results are also quite inconsistent, even amongst similar populations.
I’m fine with it just being illegal, but realistically you could just ban the transmission and distribution of it and then you cover enforceable scenarios. You can police someone sending or posting that stuff, it’s probably next to impossible to police someone generating it at home.
