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PaperclipPerfector  5mo ago (text post)   26562 thread views

Culture War Roundup for the week of June 3, 2024

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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.

Let’s check 18 U.S. Code § 2256(8)

(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where— (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

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:

(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.

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.

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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