A three-judge panel of the 7th Circuit Court of Appeals unanimously ruled that the government cannot ban mere possession of AI-generated child pornography in which no actual children were involved, and thus a Wisconsin man who had hundreds of AI-generated images of child sexual abuse material (CSAM) has had the dismissal of his possession charge affirmed. The 7th Circuit Court did not rule concerning the constitutionality of producing or distributing such materials, however, and so the defendant’s other charges remain pending. The government argued that it is so difficult to distinguish AI-generated depictions of sex from the real thing that permitting possession of AI-generated materials could make it impossible to prosecute even those in possession of real child sexual abuse materials. This may be one more problem to stoke public anxiety over the AI industry. The U.S. Supreme Court decision that has precedent in this case is from 2002, and so surely an updated ruling is needed to address the incredible technological advances that have happened since. Nonetheless, this ruling is of some consequence in the meantime because it protects possession of CSAM under the belief that no “real” child is involved, yet what constitutes the appearance of a “real child” is very murky when it comes to AI. This story is surely far from over. We’ll keep you posted on its development dear sexual subjects.
Possession of AI-Generated Child Porn is Constitutionally Protected, For Now
