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New York Times’ The Daily podcast ran an episode Real Teenagers, Fake Nudes: The Rise of Deepfakes in American Schools. The premise is contained in the title — AI image generation apps can remove the clothing from photos, and teenage boys are using these en masse to make faked nude images of their classmates.
The overt message that the NYT hits repeatedly in the piece is that the girls in question are victims and that the boys have committed a crime. It’s stated repeated, implicitly and explicitly, without any justification. At one point a police officer opines that the images are CSAM (child sexual abuse material). (By the way, never trust a police officer to tell you the law; it’s not their area of expertise.)
No, no, just all of it no. There’s no crime here. There are no victims. There’s no CSAM, because the images are not of children (notably the AI models are trained on nude adults), nor did any sexual abuse occur in its production.
This is the moral equivalent of weirdos 40 years ago who would cut the heads off photos and paste them on pornographic images. Creepy? Yes! Deserving of social shunning? You betcha! But not a crime. Everyone in these girls’ lives who is catastrophizing this is doing them psychological harm.
I wonder to what extent this is hung upon the weird social expectations around nudity and sex thanks to sex-positivity supplanting prudish abstinence as a norm.
That is, the 'progressive' teachings would suggest that children/teens should not feel shame about their bodies, should feel comfortable talking about and, perhaps engaging in sexual activities (else what are these books about?), and should really view sex as a wonderful and 'positive' thing, and taboos around sex and nudity are just social constructs which one can reject as oppressive. So by all logic the mere act of taking and view nudes shouldn't be some taboo, shameful, or criminal, absent some real harm to a real person.
But surprise, this crashes into the biological reality that males are just hornier than females in general. A cishet guy will literally never say "no" if a young, decently attractive woman wants to show off her body to him. But I'd say most young, decently attractive women are not going to send out nude pics to guys on request, and of course will shame and criticize unworthy men who make the request.
So the equilibrium is not one where females are generous with their nude pics and it just becomes a normalized and expected thing that guys will jerk off to their female friends behind closed doors to photos she took and transmitted on her own, and all of this is considered a positive expression of sexuality.
The equilibrium appears to be that women can send nudes at their discretion, and feel empowered and appreciated by demonstrating their 'freedom' from social stigma, but guys, oh ho ho, are still hamstrung because said women mostly choose to NOT send nudes out and still retain the ability to throw shame at men who express an interest in or request nudes without some explicit or implicit invitation.
And if a guy actually accepts the logic of "nudes are no big deal and sexual desire is natural and good" I don't know how he'd conclude that generating fake nudes could possibly be some massive social violation. So he's now double hamstrung. If women aren't sending him nudes already, he'd be taking on a massive risk by suggesting or requesting it. On the extreme end, he might instantly be labelled an 'incel' with all the condemnation that implies. And if he decides "nah, I won't bother an actual woman with my sexual desires" and generates fake nudes of girls he finds attractive, as we see this gets him labelled a pathetic creep at best, or an actual criminal at worst. And he'll get called an incel anyway.
I know, I know, I'm glossing over the full array of social dynamics at work in such a situation. The main thrust of my point here is that at least with a prudish abstinence cultural standard, it is both shameful to take nudes AND to be in possession of them, and shame is doled out in approximately equal shares to all involved parties. It may not be an optimal outcome but I dare say it would produce a healthier equlibrium overall.
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I fully agree that exaggerating the negativity of it is itself harmful.
But at the same time, this does fall within the longstanding tradition against libel, false light -- publishing a nude image of someone is a clear implication that they have willingly posed nude. If that is false, it's squarely libel. That's not the end of the world -- we can say it's bad/wrong/illegal without saying it's the worst thing that can happen. Nuance is dead, they say.
That said, if some horny teenager wants to create the images, rub one out and then keep them to himself, that's back in "creepy-but-not-illegal" territory.
That's a pragmatic perspective.
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AI can 'remove' the clothing from photos. It can also composite supplied images into existing or generated scenes. It can generate 'original' images from descriptive text input.
Do we know in this instance how the boys generated the image? Does the particular method used make it better or worse?
That's a colloquial way that people talk about it, but it's of course not how the technology works. You can mask out a region of an image, and let the AI fill it in with it's best guess, optionally guided by a text description. Or if you have enough photos, you can train a model to output pictures of a particular person's face. Either way, on an abstract level, it's filling in the gaps with its best idea of what should go there based on the patterns present in its training data. On a moral level, its painting somebody else's naked body. That's why I think the best analogy is cutting-and-pasting photos of people's faces onto pornography, and how we should be viewing it from a legal perspective.
That's why I put it in ' '.
It's like retouching a photo to make them look nude. This or composting their head / face into porn feels a bit different to me than writing a prompt that would generate a similar appearing image.
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I would argue that the crime (or "crime", if you want) is distribution.
If a horny teenager creates fake nudes of their (realistically, 'his') classmates, that is creepy and sick and kinda pathetic, but should not be a crime any more than substituting the name of his crush for a protagonist in some lewd fan-fiction.
It would also be difficult to enforce laws against these things because nobody would even know that a "crime" had been committed.
However, things are very different if that teenager then goes to spread his deepfakes among common acquaintances (who are the only ones for whom these images would be different than "yet another nude person"). More gravely, he might not mention that they are deepfakes.
I would argue that American prudishness is a major driving force here. In a society where everyone went to the beach and the sauna naked, his classmates would just reply "What is the big deal? I know how Tina's boobs look." For whatever reasons, Americans are big on "purity" and slut shaming. (I guess having an OnlyFans as an 18yo would likely get you kicked from the Cheerleader team for ethical violations.)
Under that -- admittedly silly -- framework, a nude -- even a fake one -- is a direct assault on the character of the victim when shared.
Even in a more enlightened society where people don't judge people based on sluttiness, there are probably other things which would be just as damaging. For example, I would very much prefer if a deepfake video of me in full SS uniform chanting Nazi slogans would not go viral, and I would feel violated if it did.
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OK. First off, the girls are victims. It may not be worth putting any law enforcement effort into cracking down on teenaged boys making deepfake nudes for private consumption. For that matter it might set bad legal precedents. But the girls are victims; they aren't wanting to expose their naked bodies for these boys or they would presumably have done it. I have no doubt that these deepfake models are working off bikini pics but two wrongs don't make a right. These girls and their fathers have every right to feel angry about it.
Under the literal letter of US law, it is a crime, though. It might not be technically constitutional, but it's a crime, and the legitimacy of the constitution probably doesn't extend to sexually explicit drawings of real minors as protected speech.
The AI generated images are not their naked bodies.
Right — is imagining a girl naked victimizing her?
No, but again, imaging to oneself is very different than publishing/distributing.
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Well, I argue no, but this is more controversial than I anticipated.
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The US Supreme Court struck down laws against virtual child pornography some time ago, but Congress went right ahead and re-passed them and has been steadily obtaining convictions in circumstances where the case will not be reviewed. I think there is a contested case headed up the chain right now, and I would expect SCOTUS to decide differently this time.
Why do you expect SCOTUS to rule differently?
I expect Barrett and the three liberals to rule against porn in general (for different reasons). Thomas concurred in Ashcroft, but also said
which suggests he'd be open to a rule against it now.
Roberts would do the same thing -- have a "narrow" decision allowing the law to stand (which when translated down to the lower court and prosecutors means "open season on virtual child porn"). It's his specialty.
I don't know about the others. So at least 5-4 for letting the law stand.
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Well hold on, what merits shunning and what merits a crime are not objective facts. They are subjective. In other words this is not your decision to make, nor mine. If enough people think it should be a crime, then it should. There is no objective test for a line between simply socially wrong and criminal. In some societies blasphemy is a crime, in others it is not. If enough people are disturbed by this and can convince enough people in power to pass laws against it (or use current laws against it), then it will be a crime.
The only thing that differentiates between a crime and a social sanction is how seriously we decide to take it. If we can criminalize crossing the street we can certainly criminalize this!
Each society can discourage behaviors it dislikes first by social sanctions and then by making it criminal if desired. There is no objective level of seriousness before one passes from the 1st to the second. The only thing that matters is how people feel about it.
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If anything, this technology pretty much decreases victimization via two means:
If AI nudes become widespread and indistinguishable from real ones (and they're close), the danger/penalty/threat of blackmail/etc. of having real nudes leaked becomes basically zero. (Given how much many if not most women who would be the kinds to be targeted by deepfake nudes in my experience love sending out actual nudes cavalierly and are only stopped from doing so by concerns about exposure, I believe, if they could think one step ahead of inventing a new form of victimhood to decry in the NYT about this technology, they'd be tithing 10% to its developers.)
AI "CSAM" (reverse the first two letters and you have my opinion about this modern newspeak term and its relation to the perfectly fine term CP that didn't need any replacement) holds the potential to completely destroy any markets in or sharing of actual CP, again if it's indistinguishable from it. If it's indistinguishable, then even people who specifically only want the real thing will have to give up, because even they won't be able to tell the difference. It'd be like flooding a drug market with a 100x cheaper to produce version that's indistinguishable from the real thing. You would put the dealers of the original stuff straight out of business, even if there were still a demand for their product on authenticity grounds, because that demand for authenticity can't be satisfied if nobody can determine authenticity.
But this just further reveals the character of the modern woke system of American "law and order" (and those are definitely scare quotes). It's not about actually improving the world, protecting anyone, or anyone's safety; it's about punishing people for being morally impure as considered by the privileged classes.
Pursuant to my second point, with a modest government investment in AI models specifically for the purpose and agentic AIs to spread it around the usual chains of CP distribution, the US government could probably end or at least curtail by 97-98% or so (casual estimation) the genuinely criminal distribution of actual CP by drowning it in mostly if not entirely indistinguishable AI forgeries. No living, breathing, sentient child (or again at least 97-98% less) would ever have to be sex trafficked or exposed by the production of such material again. Those who have already would, much sooner than would occur naturally, have the memories of it buried under hundreds of pounds of dirt of digital disinformation. (It is worth noting that every time somebody is caught with CP featuring a person known to the US government, that person has an opportunity to get payout from the confiscated assets etc. of the convicted, with the most famous "CP stars" sometimes making hundreds of thousands of dollars a year off of this. So, perversely enough, they may not like this change. Presumably most would be relieved however.)
They can't/won't do this though. Why not? Why because the people who are inclined to like CP might still like the new, AI-generated stuff, or might even think some of it is real, and still masturbate to it. Their filthy little perverted minds will still be free to get off with impunity (if not better than before with a state-of-the-art government AI pumping out content catering to their every fantasy for them), and that's the real crime here, their corrupt pleasure and satisfaction, even if it harms none, not what happens to real flesh-and-blood children or anybody else.
And it's the same with kids generating nudes of their schoolmates. There's no actual analysis or consideration of the boundaries of freedom of expression, private fantasizing, the balance of rights between people, etc. involved. They're dirty little "incel chuds" or some equivalent, as proven by the fact that they've done something to offend a female, and that's it. (And of course the likely general unattractiveness of the nerdy guys who have adopted AI technology for fake nudification this early is a major factor. If it had been only attractive guys found with this technology, there would be no NYT article. As usual and again, it's not about principles, it's about the fact that, as the famous graph shows, many if not most women are statistically illiterate (or at least in this particular area) and thus consider 80% of men to be below average and therefore unworthy of the baseline of respect and consideration. Thus the fact that these men have sexual urges at all is an abomination to women, something to be policed as forcibly as is necessary (unless money can be made from them on OF).)
There is a civilizational fence here that you probably don't want to tear down cavalierly.
In particular, it's feasible (perhaps it would not come to pass) that:
Failure of your imagination to supply a steel man to your opposition.
This is not a brave statement, but I'm gonna double down on "sexual urges that are focused on a 5 year old are abominable" and maybe "and should be to individuals of all sexes"
Interesting post. The conclusion of the argument is that the state has a legitimate duty to forcibly ban media that corrupt morals, when the harm is sufficiently clear and severe, and/or supported by existing legal precedent. This might also apply to other kinds of media that are now legal and common, and plausibly to all porn. At a minimum, it suggests that written material or drawings that depict things that would be illegal to film with real actors should also be illegal to write or draw. The key questions are not the abstract principles (which I think are obvious), but the criteria for drawing the lines, the burdens of proof in play, and the question of which agencies are empowered to make the decisions.
Thoughts?
I don't think is an accurate characterization of my view. And I certainly don't endorse your conclusion as to either writing or as to pornography in general.
I'll triple down on "sexual urges focused on a 5YO are indeed abominable" with the addition of "and one can simply end the discussion of CP right there".
I wasn't characterizing your view, but what follows from your argument if it is valid. It seems to me that the argument you put forward to support your view is an equally strong argument for a view you oppose.
As a matter of fact, I think that normalizing premarital sex is a grave social problem. As far as I know, no society has ever embraced the following three norms simultaneously and survived: (1) sex outside of marriage is morally acceptable, (2) homosexuality is morally acceptable, (3) male and female sex roles ought to be respected equally. For example, the Romans accepted (1) and (2) but not (3). I advocate for (2) and (3) but not (1). I think the basic reason (1), (2), and (3) are not compatible is that young men would become addicted to having sex with each other and, not necessarily lose interest in women, but not be very motivated to navigate the challenges of obtaining and sustaining opposite-sex relationships. Sound familiar?
Our own society is moving toward accepting (1), (2) and (3) together, but this is a recent development, and at the same time our society is dying before our eyes, so I do not count the current, unstable situation as a data point because it is a dramatic departure from our recent history as a culture. To give you an idea how fast these norms are changing, leading Democrats (e.g. both Clintons, Biden, Obama) opposed gay marriage until around 2012 -- and in the early 1960's, 86% of married women said when polled that it was not OK for a woman to have sex with her fiancé before marriage [Charles Murray (2012): Coming Apart, p. 154].
I doubt that a society can survive that accepts (1), (2), and (3) -- though if one has ever existed it would prove me wrong (maybe someone knows an example?). So that experiment hasn't been run with success to my knowledge. On the other hand, the experiment of socially accepting child sex has been run many times (in modern Afghanistan, ancient Rome, the Sambia tribe, et. al.) and those societies continued to exist for generations. I'm definitely not advocating that, but I am saying the empirical evidence for the maladaptivity of (1), (2), and (3) is stronger.
In light of that, what argument would you make against prohibiting (1), (2), and (3) in media depictions, that does not contradict your original argument on CSAM?
That is itself a very good sign you have misunderstood what I intended to convey as my argument and belief.
That might on me, I might not have communicated it well.
I do not particularly share that belief. I don't think premarital sex is totally without issue, but I think it's not inherently bad, the issues with it are serious but not civilization ending. And moreover, it's anyway way past anything that's remotely likely to change.
Yeah, but no society has ever had the semiconductor and ubiquitous satellite before either. Or streaming TV or easy international travel. An argument from precedent is not terribly meaningful in a society that's consistently creating totally novel things (some of which are generally good, some of which are generally bad and some of which are mixed).
I don't even remotely agree that this is a valid way to reason about society. It's a form of just-so reasoning that can be concocted post-hoc to support or oppose any position.
[ I'm also not even sure that "maladaptivity" is even the right measure. There are a lot of things that are maladaptive that we nevertheless believe are morally proper or even morally obligatory. Similarly there are many things that are adaptive that we believe are morally wrong or even forbidden. Given the enormous productive surplus of modern industry, humanity has the freedom not to be fitness-maxing at full tilt all the time in a way that previous societies or other species do not. ]
You can try to make this into a more complicated argument if you want. I feel no need to go any further than
As I reported before, a supermajority of married women disapproved of premarital sex in the 1960's. Moreover a supermajority of adults in the US (75% of those who expressed an opinion) believed premarital sex was wrong as late as 1969 [source]. By your argument, that I quoted above, slavery was moral until 300 years ago; premarital sex was wrong until 60 years ago, and gay marriage was wrong until 10 years ago. I assume you believe, however, that the abolition of slavery (e.g.), which changed the supermajority consensus, was a good thing. If so, then there must be some consideration aside from the majority opinion that informs morality. My question is, in your view, what is it, and how does it apply to CSAM in a way that it does not apply to, say, the normalization of premarital sex in media?
The difference is, I don't believe we are ever again going to see a world where premarital sex as taboo as sex with a 5 year old.
If you want to agitate for it, go for it.
This is a fairly common, silly argument.
To clarify, I (a person living in 2024) believe slavery is wrong whether it happened in 1800 or 2000. Some other entity (perhaps, as you suggest, a person living in 1800) did not believe slavery was wrong. That person is not me and I am not them.
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Can you give us some examples of societies that have failed because they accepted all 3 of these things at the same time?
I don't know of any society has embraced them together.
Well there you have it. Jesus dude, could you construct a more convoluted argument? Literally throwing darts at a non-existent enemy.
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Do I have to provide a steelman when it's obvious that nobody involved is thinking nearly as far ahead as that steelman? You think your average feminist or feminist-adjacent who takes a kneejerk reactionary stance against some "incel" generating AI loli waifu or whatever or some horny teen "nudifying" the girl from his Englsih class is thinking decades into the future? I mean decades into the future we're going to have actual sexbots anyway so the same argument then applies to real world conduct.
The problem is, to a lot of women, if you're not in the top 25% of men minimum, increasingly you having sexual urges that are focused on a 25 year old is also abominable to them, especially if you're gasp over 30 (or probably even 28 with some of these people nowadays). And specifically on the issue of underage girls, they'll also conflate 5 year olds and 15 year olds while simultaneously encouraging the sexualization of those same 15 year olds to a degree that would have been considered abominable for 25 year olds 25 years ago, then rage like it's unthinkable when the inevitable happens. It's an increasingly twisted equation that isn't nearly as defined by simple statements that almost everyone agrees with as you want it to be.
Yes, because the purpose of a steel man is to test & strengthen your own reasoning, not to score internet dunk points on your opponents.
Whether this is true or false, it's materially irrelevant to whether sexual urges that are focused on a 5 year old are abominable.
I don't think it's strengthening your reasoning to go so far beyond what your opponents actually express that it's outside of the realm of what they might even actually believe.
I'm glad you agree that bringing it up at all is materially irrelevant to what I'm talking about.
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CSAM is one of the least rational areas of politics.
In the dark ages before the sexual revolution, there were all kinds of sexual deviants against whom upstanding, proper citizens could unite. Gays, interracial couples, unmarried women having sex, kinky people, people using birth control.
Today, most of these targets have been swept away by a big wave of sexual tolerance. Saying "it is wrong to have sex before marriage" makes you sound like a cringy old person.
However, we have also established that adults having sex with kids is bad because it causes severe psychological issues for the kids.
So pederasts and pedophiles become the lightning rod for most of these innate drives to police the sexual relations of their neighbors -- which did not magically disappear.
This is obviously a very emotional topic, and such topics often allow you to score big political wins. Under an evidence-based system, the focus would be on preventing the actual sexual abuse of children both by exclusive pedophiles and other men who act opportunistically. This would entail de-stigmatizing pedophiles who did not commit any sexual offenses with kids (which in turn would increase the odds of them willing to risk therapy, which would reduce the odds of them becoming child abusers) and trying to get the shared social environment of both perpetrators and victims to speak out if they suspect sexual abuse is going on.
CSAM would be treated like snuff videos. Commissioning a snuff video is commissioning a murder and should be punished as such, and paying for them should be a felony to discourage their production, and if you want you can also criminalize distribution and possession. But if half of your homicide department works on possession of snuff video cases, then I would argue that you have your priorities wrong -- most murders do not happen for the creation of snuff videos, nor does their consumption precede most murders. Fake snuff videos lack the thing which makes them immoral in the first place -- a victim. Even if you want to regulate horror movies, it would be a good idea to not simply classify them as snuff.
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If "average" means something like the arithmetic mean, then this is totally possible.
Human traits tend to be normally distributed. I'm pretty sure most of the ones objectively evaluated have been found to be so. (And how men rate women mostly forms a normal distribution.) Do you think your average woman has much of a justification for why their ratings of men wouldn't be one besides an amorphous feeling (like a false virtue signaling preference for bears)? I don't think this rebuttal changes my point any. I also think if you change "average" to "median", the women's responses wouldn't change any.
But yes obviously average means median here, at least for me as a man. Perhaps you are meaning to point out how women meanwhile are so apex-biased (at least based on their ratings of men) that it does not for them.
My point is simply that it's mathematically coherent, though I'd add that when preferences are involved (such as sexual attractiveness) then human traits are often more Pareto distributed, e.g. wealth, income, popular success of people in creative fields, cities vs. towns, and movie profits. There are also human traits, such as incurring healthcare costs, which are not normally distributed.
Ratings of sexual attractiveness ARE "amorphous feelings", so the main challenge of justifying their existence would be to evince their existence. I suppose it's possible that women understate their ratings of men's appearances, e.g. to avoid seeming slutty.
You have some degree of a point here. If it was phrased only as average, then maybe the math-inclined females answering the survey thought it meant mean and went from there. (Though again I think if you explicitly specified median you'd still get the exact same results).
Really though, and your post is valuable for having brought this to my attention, the appropriate criticism is that to call them "statistically illiterate" is simply an irrelevant dig that doesn't really cut to the actual heart of the issue: Men are fair (at least as regards this subject of evaluating the distribution of characteristics). Women are equivalently not.
In the sense of "fair" as a uniform probability distribution, I agree. And I think this creates enough social problems / advantages to think about. On the problem side, men often have a feeling of being valued only for what they do and provide in romance, which can create the feeling of being exploited. (The male counterpart of objectification, perhaps.) On the advantageous side, for most men, they must achieve something to be regarded as attractive; moreover, the more they achieve, the more opportunities they have; for mentally healthy men at least, this can serve as a motivation.
The problem is that when female hypergamy is left totally unchecked (as it is now), the standards become so high that you can't meet them simply by being a hard-working guy with reasonable achievements. And even if you can, that takes time. Meanwhile the alleged prize waiting for you at the end of the tunnel already has a bodycount of 20 with guys who were born with a better jawbone or a few more inches of height. Not worth it.
It's a much better incentive structure to do what has always been done throughout history: Give men a reasonable wife early, and then make them work and follow society's rules to keep access to her. After all, it's been shown that humans tend to be more loss-averse than risk-tolerant, more motivated by the threat of losing what they already have than gaining something new (a phenomenon documented heavily in the psychological tricks used by mobile games).
It's really not that hard for men to get laid in the modern world, even if you're not good looking, and women tend to be more interested in getting married than men. Most ugly guys I know as friends have long-term girlfriends, but these are the types of guys I'd be interested in having as friends, whereas there are plenty of non-ugly guys I wouldn't be interested in having as friends and who don't (I don't say can't) get laid, largely it seems because of their neuroticism.
However, I agree that earlier marriage (at least involving men who grow up quickly - get a good job, a good trade, and have a reputation as a moral law-abiding god-fearing citizen) would be good. Promiscuity should be a reward of status for successful, artistic, or high-born men, like the old days.
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There are also strategic uses for reviled and prohibited CSAM.
Political enemy? Put some CP on his computer and arrest him!
Your internet censorship and spying campaign isn't popular? It's needed to fight CP!
Intelligence and security agencies generally are full of pretty sinister figures and they have a lot of temptation to abuse their power. They've done all kinds of crazy chaotic-evil things in the past, injecting people with hallucinogens and plutonium. Weaponizing CP is to be expected.
You are completely correct, and shame on me for forgetting such an important use of it. It's an important weapon because even dissidents fall for this trick and turn on their fellows.
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Whether or not they’re victims in a strict legal sense the girls are clearly victims here.
More generally I feel like men wildly underestimate how bad it can feel to be the object of unwanted, intrusive sexual desire/advances due to “men be horny” type attitudes. I spent most of my life rolling my eyes and thinking “how bad can it be to be DESIRED” but over the years I acquired a few stalkers and have had a few women make aggressive and clearly unwanted sexual advances. It actually feels pretty shitty and occupies a lot of your idle thinking. It makes you feel guilty! Like you did something wrong. And this was the mildest stuff imaginable. Having my peers make (even fake) nudes of me would be insanely, ridiculously disturbing and cause legitimate anguish.
I will say upfront that I don't know the details of your situation, so I could be way off base here, but I'm reminded of Dawkins's Dear Muslima:
People desire other people. Some people will desire other people who don't want to be desired. Coordination is a really hard problem. It's not always as easy as one thinks to let it be known what they want and don't want, especially when people really do tend to change their minds when new opportunities are presented to them, and shit tests abound. And generally (though not in your case) it's a problem that causes men to have to be the ones to have to put themselves out there and take the initiative. Just be glad that we live in a society where the norms are such that you won't be physically hurt and you have the freedom to say no.
This argument proves way too much. Yes, there is female genital mutilation in other societies and it’s abhorrent. That doesn’t give American high school boys, or socially maladjusted or inept men in general, free rein to harass women.
Well, Dawkins's point is that feminists ranting about how women are made to feel uncomfortable by men asking for coffee is trivial, and that if feminists really want to help women, there are actual third world problems they should be dealing with, not first world problems. My point is that being made to feel guilty or awkward over difficult situations is likewise trivial first world problems, and somewhat of a natural extension of participating in a society composed of layers of social customs built on top of animal instincts. Having to deal with other people is basically just a part of life, and so is having awkward social interactions.
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They are "victims" in the same sense as a boy who a girl spreads rumors about how he's "creepy" or, more on the nose, that he has a small or deformed penis. Which is to say, not in a way which should be actionable.
Having a fake nude made of you is way more disturbing than someone saying you’re creepy or have a small penis.
I agree that you shouldn’t go to jail for fake nudes but I do think it’s absolutely legitimate to suspend or expel boys who do this.
(apparently this line of argument has has upset people traumatized by being called creepy)
Expelling someone is an extreme act. And given my rock-bottom opinion of public school administrators, we just can't trust them to make this kind of decision.
Literally just don’t make AI porn of your female classmates? Why is everyone on this site struggling with this so much?
I won't, wasn't going to and will strictly demand that my kid never does that. And also expulsion is an extreme punishment and we shouldn't casually advocate for it or give school administration any benefit of the doubt.
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There is kind of an issue here in that Evil Maid attacks are so goddamned easy on a campus (especially the collaborative Evil Maid where one conspirator deliberately creates the distraction) that "beyond a reasonable doubt" is unachievable without substantial resources and any lower standard gets loners expelled by bullies manipulating the system. Admittedly, one can do this with actual child porn anyway, but that's trickier to get and, due to being actually illegal, risks the police coming in and actually tracing it to the bully.
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Because there are things that women do to men that are more inherently destructive (in the same lopsided manner as this) due to men and women being different, yet no such uproar is heard when this happens.
When one notices that, one tends to stop caring about "vulnerable women" and switch to "if you want equal rights, you can take equal lefts". Either both genders get special protection from the things [that the other gender does] that will affect them most, or neither do; to do otherwise is not justice.
We have to allow men to make AI porn of their underaged high school classmates because sometimes women do bad things too? And what are the highly destructive things you have in mind?
There's a world of space between "allowing" them to do it and expelling them from school. Much the same way there's a world of space between allowing criminals to do as they please and no-trials street executions for misdemeanors.
Also uncool reframing "not-expelling students" as "allowing bad behavior".
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We have to allow boys to make AI porn of their similarly-aged high school classmates (yes, I see what you did there) because we have freedom of expression in this country. We can resist being stampeded into doing it anyway because "vulnerable women" (or girls) by noting that women (and girls) ain't angels either.
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Agreed that unwanted sexual advances can be frightening and quite unpleasant. But this is not that. If I construct porn in your likeness in private and you never learn about it, you can't be a victim. It can't be the creation or existence of the images that harms the girls. No doubt the girls in the story experienced suffering, but you and I don't see eye to eye on whether they should have any recourse beyond social shaming. They're victims in only the loosest literary sense of the word.
I mean sure but in practice this only comes to light when they’re discovered or distributed which does harm the girls. And I think “creation + distribution” is worse than “distribution” alone if for no other reason than it speaks to a more culpable mens rea and greater capacity to reoffend.
I don’t think the boys should go to jail but I do think they should be suspended or probably expelled.
If instead of photo-realistic AI generation it was anime would you think the same?
If instead of AI it was hand drawn by one of the boys in the style of , 'I want you to draw me like one of your French girls.'? Is this better, worse or the same?
The degree of realism and personalization intuitively matters a lot so without any other context the AI thing seems worse. But as with many things like this often the real answer is that context matters and fact finders on the ground are better at determining that than we are on some random online forum. It also seems like a sort of a bad faith waste of time to try to legalistically determine which side of the line some particular way of sexually harassing high school girls falls on.
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But this porn will be shared. "Check out this picture of Alice I've found!" "Lol, is this Jamal? You sick fuck! Can you make one where she's rimming an old dude? No, wait, can you make the dude be our science teacher?"
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I dunno, while you could certainly make an argument that simply creating the images is fine, I think distributing them is, though probably incorrectly categorized as CSAM, still something that should carry punishment. Regular teen horniness fundamentally sexualizes a lot of stuff, but stuff that looks realistic and is shown to others is pretty much a stronger version of classic bullying and should be in the same category, more or less (that is, maybe a misdemeanor).
For context, here is a list (at least in my state, Utah, so might vary) of possible misdemeanors a minor student could commit, what level each is, and whether the school would refer it to court or not. "Accessing pornographic material on school property" is a Misdemeanor B, referable. Public Urination/Defecation is an Infraction, default non-referable. Disorderly conduct or other disruption stuff ranges from Infraction through Misdemeanor B. So not a whole lot of directly comparable things, but a misdemeanor seems about on the level.
Though bullying IS classified as a crime, it does not seem to have a specific associated criminal penalty (not sure how that all works). FYI, they in the law define: "Bullying" means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of: causing physical or emotional harm to the school employee or student... [or] placing the school employee or student in reasonable fear of: harm to the school employee's or student's physical or emotional well-being... [or] creating a hostile, threatening, humiliating, or abusive educational environment due to: the pervasiveness, persistence, or severity of the actions. (Irrelevant bits omitted). So clearly seems to fit.
Note that without the distribution component, bullying doesn't fit. Even 40 years ago if someone started passing around those magazine rips, they could probably be on the hook for harassment or something like that.
I agree that spreading such pictures around could reasonably be considered bullying and I would be fine for schools to punish it. Even in a university setting this applies.
I would also say that there ought to be different standards to "normal figures" and celebrities, focusing now on adults. Or else you are going to be putting a lot of people in prison for creating and if done in a discord server therefore automatically spreading over discord nudes that look like celebs. Another issue is where you draw the line. For example is a generated picture were it is said to be looking like a celebrity something that is going to qualify? One other facet of this is that celebrities become to an extend the faces of our image of attraction.
On the other hand, even celebrities deserve to not have their reputation be perceived based on the AI model, and someone pretending that such AI generated content represents them. There is also a moral question regarding commercialization that is a bigger issue than a random creating a voice model based on Obama, Scarlet, Trump, etc to play around and spreading it in smaller platforms. Such as the dispute about whether Sam Alatman used Scarlet Joghansson's voice for his AI tool. https://www.politico.com/news/magazine/2024/05/22/scarlett-johansson-sam-altmans-washington-00159507
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Let’s check 18 U.S. Code § 2256(8)
I think that definition is way too expansive, but that’s the definition that our elected representatives came up with. As written, it is definitely a federal crime to create deepfakes of Stacy from English class getting railed and texting them to your bros. Some of these provisions are oddly specific. I don’t have time do dig into the legislative history right now, but I suspect they were added recently in order to cover this exact thing.
Ok, I guess don't trust me about the law, either. I half-remembered some story that cartoon pornography was legal in the US, contrasted against its illegality in Australia. But this is just a bad law. What makes CSAM bad is the abuse of children, not the bits on a computer.
@Quantumfreakonomics excerpted the main page, but not some of the linked definitions, such as:
indistinguishable:
So yeah, technically cartoon pornography would not be considered illegal, even if it's child porn. But I would sure not want to be in the position of arguing about whether a given image was "indistinguishable" from the real thing.
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It's actually pretty complicated and involved with the long fought jurisprudence over obscenity and prurient interest, because despite what the law says, the US has a bill of rights so you can't blanket ban speech categorically.
I think the question of AI art is wholly novel and while making porn of public figures is probably not illegal and up in the air, it very likely is illegal to use it to make CP, whether or not that bear the likeness of real minors.
Moreover, if Congress or the States passed a law to make deepfakes illegal, I think SCOTUS would very likely uphold it substantially, at least insofar as the work is obscene by the Miller test. And most deepfakes of a sexual nature are.
More bad law, because the computer-generated stuff (like drawings) doesn't have any age at all.
Most of these issues are resolved as "would an average reasonable person say this has property x?".
Which is hardly bad common law. Not that I like how subjective it is, but it's how it's supposed to work.
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