• PirateJesus@lemmy.today
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    2 months ago

    OMG. Every other post is saying their disgusted about the images part but it’s a grey area, but he’s definitely in trouble for contacting a minor.

    Cartoon CSAM is illegal in the United States. AI images of CSAM fall into that category. It was illegal for him to make the images in the first place BEFORE he started sending them to a minor.

    https://www.thefederalcriminalattorneys.com/possession-of-lolicon

    https://en.wikipedia.org/wiki/PROTECT_Act_of_2003

    • Madison420@lemmy.world
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      2 months ago

      Yeah that’s toothless. They decided there is no particular way to age a cartoon, they could be from another planet that simply seem younger but are in actuality older.

      It’s bunk, let them draw or generate whatever they want, totally fictional events and people are fair game and quite honestly I’d Rather they stay active doing that then get active actually abusing children.

      Outlaw shibari and I guarantee you’d have multiple serial killers btk-ing some unlucky souls.

      • ZILtoid1991@lemmy.world
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        1 month ago

        My main issue with generation is the ability of making it close enough to reality. Even with the more realistic art stuff, some outright referenced or even traced CSAM. The other issue is the lack of easy differentiation between reality and fiction, and it muddies the water. “I swear officer, I thought it was AI” would become the new “I swear officer, she said she was 18”.

        • Madison420@lemmy.world
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          1 month ago

          That is not an end user issue, that’s a dev issue. Can’t train on scam if it isn’t available and as such is tacit admission of actual possession.

        • RGB3x3@lemmy.world
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          2 months ago

          The problem with AI CSAM generation is that the AI has to be trained on something first. It has to somehow know what a naked minor looks like. And to do that, well… You need to feed it CSAM.

          So is it right to be using images of real children to train these AI? You’d be hard-pressed to find someone who thinks that’s okay.

            • PotatoKat@lemmy.world
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              1 month ago

              The images were created using photos of real children even if said photos weren’t CSAM (which can’t be guaranteed they weren’t). So the victims were are the children used to generate CSAM

              • sugar_in_your_tea@sh.itjust.works
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                1 month ago

                Let’s do a thought experiment, and I’d look to to tell me at what point a victim was introduced:

                1. I legally acquire pictures of a child, fully clothed and everything
                2. I draw a picture based on those legal pictures, but the subject is nude or doing sexually explicit things
                3. I keep the picture for my own personal use and don’t distribute it

                Or with AI:

                1. I legally acquire pictures of children, fully clothed and everything
                2. I legally acquire pictures of nude adults, some doing sexually explicit things
                3. I train an AI on a mix of 1&2
                4. I generate images of nude children, some of them doing sexually explicit things
                5. I keep the pictures for my own personal use and don’t distribute any of them
                6. I distribute my model, using the right to distribute from the legal acquisition of those images

                At what point did my actions victimize someone?

                If I distributed those images and those images resemble a real person, then that real person is potentially a victim.

                I will say someone who does this creepy and I don’t want them anywhere near children (especially mine, and yes, I have kids), but I don’t think it should be illegal, provided the source material is legal. But as soon as I distribute it, there absolutely could be a victim. Being creepy shouldn’t be a crime.

                • PotatoKat@lemmy.world
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                  1 month ago

                  I think it should be illegal to make porn of a person without their permission regardless of if it was shared or not. Imagine the person it is based off of finds out someone is doing that. That causes mental strain on the person. Just like how revenge porn doesn’t actively harm a person but causes mental strafe (both the initial upload and continued use of it). For scenario 1 it would be at step 2 when the porn is made of the person. For scenario 2 it would be a mix between step 3 and 4.

                  • sugar_in_your_tea@sh.itjust.works
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                    1 month ago

                    Thanks for sharing! I’m going to disagree with pretty much everything, so please stop reading here if you’re not interested.

                    Imagine the person it is based off of finds out someone is doing that. That causes mental strain on the person…

                    Sure, and there are plenty of things that can cause mental strain, but that doesn’t make those things illegal. For example:

                    • public display of affection - could cause mental stain people who recently broke up or haven’t found love
                    • drug use - recovering addicts could experience mental strain
                    • finding out someone is masturbating to a picture of you

                    And so on. Those things aren’t illegal, but someone could experience mental strain from them. Experiencing that doesn’t make you a victim, it just means you experience it.

                    revenge porn doesn’t actively harm a person but causes mental strafe

                    Revenge porn damages someone’s reputation, at the very least, which is a large part of why it’s illegal.

                    Someone keeping those images for private use doesn’t cause harm, therefore it shouldn’t be illegal.

                    Someone doing something creepy for their own use should never be illegal.

      • MDKAOD@lemmy.ml
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        1 month ago

        I think the challenge with Generative AI CSAM is the question of where did training data originate? There has to be some questionable data there.

        • erwan@lemmy.ml
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          1 month ago

          There is also the issue of determining if a given image is real or AI. If AI were legal, that means prosecution would need to prove images are real and not AI with the risk of letting go real offenders.

          The need to ban AI CSAM is even clearer than cartoon CSAM.

          • Madison420@lemmy.world
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            1 month ago

            And in the process force non abusers to seek their thrill with actual abuse, good job I’m sure the next generation of children will appreciate your prudish factually inept effort. We’ve tried this with so much shit, prohibition doesn’t stop anything or just creates a black market and a abusive power system to go with it.