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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.

  • chemical_cutthroat@lemmy.world
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    6 days ago

    AI can’t hallucinate CSAM. It’s trained. Maybe some people can skate by on first amendment, but the ones creating the models can’t. Target the plague at the source.

    • Alcoholicorn@mander.xyz
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      6 days ago

      If theres csam in the training data, surely they include where they got that image, and can use image recognition to find those images.

        • Alcoholicorn@mander.xyz
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          6 days ago

          Doe’s images were included in a CSAM Hash List maintained by NCMEC, and “that same material” allegedly “was part of the dataset xAI used to build Grok’s image and video generating capabilities.”

          You can’t generate the original image from a hash, and it would make no sense for the original images to be publicly accessible, so I’m not entirely clear what the Canadian csam database has to do with this, unless the lawyer is saying it was leaked online any Grok picked it up from there or the article is saying images grok produced matched the hash associated with her images and alerted her.

          • LifeInMultipleChoice@lemmy.world
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            6 days ago

            Yeah I meant that Canada was somehow finding these images created and matching them back to images of children in their databases. Talk about a wretched job to have to exist. Whether the the images were in the original stuff to train the ai or used by a person say “make something off this image” and the ai allowing it… All a gross situation.

            • 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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                6 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.