This is one of those topics that gets radioactive quickly, so I'm trying to parse this comment under the recent ruling by a judge that certain obscene products of generative AI are protected under the First Amendment.
"We now live in an age where GenAI [generative AI] models can render images depicting the abuse of virtual children that are virtually indistinguishable from those depicting the abuse of actual children. This case illuminates how this evolving technology complicates the lines drawn by the Supreme Court in Stanley, Osborne, and Free Speech Coalition. Indeed, in Free Speech Coalition, the Supreme Court addressed the scope of First Amendment protections for virtual CSAM, but that was nearly twenty-five years ago, and the image-generation technology available today was likely unimaginable back then. 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."
Despite the source images not being CSAM, the products of nudify services may be CSAM but not child pornography. Because nudifying minors involves generation of material intended to depict real people who cannot give consent on computers outside the home, I'd consider them not to be protected speech.
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This is one of those topics that gets radioactive quickly, so I'm trying to parse this comment under the recent ruling by a judge that certain obscene products of generative AI are protected under the First Amendment.
"We now live in an age where GenAI [generative AI] models can render images depicting the abuse of virtual children that are virtually indistinguishable from those depicting the abuse of actual children. This case illuminates how this evolving technology complicates the lines drawn by the Supreme Court in Stanley, Osborne, and Free Speech Coalition. Indeed, in Free Speech Coalition, the Supreme Court addressed the scope of First Amendment protections for virtual CSAM, but that was nearly twenty-five years ago, and the image-generation technology available today was likely unimaginable back then. 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."
https://www.snopes.com/fact-check/judge-ai-child-sex-abuse-r...
Despite the source images not being CSAM, the products of nudify services may be CSAM but not child pornography. Because nudifying minors involves generation of material intended to depict real people who cannot give consent on computers outside the home, I'd consider them not to be protected speech.