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.
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.
