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this post was submitted on 27 Feb 2025
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I've been thinking about this recently too, and I have similar feelings.
I'm just gonna come out and say it without beating around the bush: what is the law's position on AI-generated child porn?
More importantly, what should it be?
It goes without saying that the training data absolutely should not contain CP, for reasons that should be obvious to anybody. But what if it wasn't?
If we're basing the law on pragmatism rather than emotional reaction, I guess it comes down to whether creating this material would embolden paedophiles and lead to more predatory behaviour (i.e. increasing demand), or whether it would satisfy their desires enough to cause a substantial drop in predatory behaviour (I.e. lowering demand).
And to know that, we'd need extensive and extremely controversial studies. Beyond that, even in the event allowing this stuff to be generated is an overall positive (and I don't know whether it would or won't), will many politicians actually call for this stuff to be allowed? Seems like the kind of thing that could ruin a political career. Nobody's touching that with a ten foot pole.
Let's play devils advocate. You find Bob the pedophile with pictures depicting horrible things. 2 things are true.
Although you can't necessarily help Bob you can lock him up preventing him from doing harm and permanently brand him as a dangerous person making it less likely for actual children to be harmed.
Bob can't claim actual depictions of abuse are AI generated and force you to find the unknown victim before you can lock him and his confederates up. If the law doesn't distinguish between simulated and actual abuse then in both cases Bob just goes to jail.
A third factor is that this technology and the inherent lack of privacy on the internet could potentially pinpoint numerous unknown pedophiles who can even if they haven't done any harm yet be profitably persecuted to societies ultimate profit so long as you value innocent kids more than perverts.
Am I reading this right? You're for prosecuting people who have broken no laws?
I'll add this; I have sexual fantasies (not involving children) that would be repugnant to me IRL. Should I be in jail for having those fantasies, even though I would never act on them?
This sounds like some Minority Report hellscape society.
Correct. This quickly approaches thought crime.
What about an AI gen of a violent rape and murder. Shouldn't that also be illegal.
But we have movies that have protected that sort of thing for years; graphically. Do those the become illegal after the fact?
And we also have movies of children being victimized so do these likewise become illegal?
We already have studies that show watching violence does not make one violent and while some refuse to accept that, it is well established science.
There is no reason to believe the same isn't true for watching sexual assault. There are been many many movies that contain such scenes.
But ultimately the issue will become that there is no way to prevent it. The hardware to generate this stuff is already in our pockets. It may not be efficient but it's possible and efficiency will increase.
The prompts to generate this stuff are easily shared and there is no way to stop that without monitoring all communication and even then I'm sure work around would occur.
Prohibition requires society sacrifice freedoms and we have to decide what weee willing to sacrifice here because as we've seen with or prohibitions, once we unleash the law on one, it can be impossible to undo.
Ok watch adult porn then watch a movie in which women or children are abused. Note how the abuse is in no way sexualized exactly opposite of porn. It often likely takes place off screen and when rape in general appears on screen between zero and no nudity co-occurs. For children it basically always happens off screen.
Simulated child abuse has been federally illegal for ~20 years in the US and we appear to have very little trouble telling the difference between prosecuting pedos and cinema even whilst we have struggled enough with sexuality in general.
This argument works well enough for actual child porn. We certainly don't catch it all but every prosecution takes one more pedo off the streets. The net effect is positive. We don't catch most car thieves either and nobody suggests we legalize car theft.