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The First Amendment protects an individual’s right to privately possess images or videos of child sexual abuse created using artificial intelligence — if the material does not depict a real person and remains in the home, a federal appeals court judge ruled Tuesday. The decision came in a case that tested the scope of laws implemented before advances in AI made it easy to create realistic-looking fake images of children.

Judge John Z. Lee, in the ruling for a three-judge panel of the U.S. Court of Appeals for the 7th Circuit, urged the Supreme Court to reconsider the issue of virtual abuse material of children in the age of AI, suggesting that technological advances complicate existing legal precedent.

“Given the relentless advancement in artificial intelligence models, we have some concerns about the lines these cases draw, but we are not free to redraw them ourselves,” the judge wrote.

  • Alcoholicorn@mander.xyz
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    6 days ago

    It seems infinitely more likely that many pictures in the database can be found online or in other training sets than that xAI engineers secretly hacked the NCMEC csam database.

    • daannii@lemmy.world
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      5 days ago

      I mean it doesn’t matter where the og csam images came from. The point is, they are saved in groks database and are being used to make ai csam.

      And ncmec knows this because they match materials they have in their database.

      • Alcoholicorn@mander.xyz
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        5 days ago

        It does matter because they have a more effective searching tool than ncmec, and should be alerting ncmec instead of adding it to training data.

        • daannii@lemmy.world
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          5 days ago

          Well. Yes. From that perspective it is important to learn how grok got the images.

          It’s possible they were shared through FB messenger but it’s also possible they were gathered from other sources.

          And those sources should be investigated and , like you say, why did grok find them when the ncmec hasn’t ?

          If it’s from fb messenger then that explains a lot. But we don’t know.