30

If a high school kid makes an AI fake nude of a female classmate, can they be arrested for child porn and have a permanent record?

I just read 2 stories in a row in one of my news feeds about pockets of this happening throughout the USA and one is middle school aged.

Is there a line to be drawn or should all fake nudes of anyone under 18 face legal penalties no matter the age of the person doing it?

I have a daughter that is 27 now and if this happened to her I would be doing everything I could to hold the person making the fakes accountable.

you are viewing a single comment's thread
view the rest of the comments
[-] litchralee@sh.itjust.works 8 points 6 months ago* (last edited 6 months ago)

The following will be a massive oversimplification of the complex laws and court cases over the 20th century trying to grapple with what, quite frankly, is a fairly modern issue. Not the AI aspect, but that of CSAM and how it intersects with American civil liberties (ie the First Amendment).

In the USA, the freedom of speech is very broad, save for very specific, already-established exceptions. These include "imminent threats/fighting words", obscenity (not the same as the dictionary definition), defamation (false statements that tarnish someone's character), and the cause or result of crimes. Whole courses could be taught on just the exceptions to the First Amendment and their contours.

Actual CSAM is exempt from freedom of speech because -- among other reasons articulated by courts -- it can only be produced through abuse of a child, which is a crime. Simulated CSAM, however, has to meet the obscenity standard in order to be exempt, which the Supreme Court articulated as:

The basic guidelines for the trier of fact must be: (a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Every word of those guidelines has been deeply analyzed for the 50 years of its existence, and until a better set of guidelines are issued, that's the best guidestar we have. Which is to say, if a lawyer can craft an argument within those parameters, the scenario you've described could indeed be recognized as a crime.

But a small caution: please be very careful when asking to carve exceptions into free speech. As a civil right, it's something which must be jealously guarded, by citizens, lawmakers, and courts. These things are complex precisely because they're trying to avoid criminalizing thoughts and ideas, while also enabling a society to function.

this post was submitted on 02 Jun 2024
30 points (87.5% liked)

No Stupid Questions

36192 readers
194 users here now

No such thing. Ask away!

!nostupidquestions is a community dedicated to being helpful and answering each others' questions on various topics.

The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:

Rules (interactive)


Rule 1- All posts must be legitimate questions. All post titles must include a question.

All posts must be legitimate questions, and all post titles must include a question. Questions that are joke or trolling questions, memes, song lyrics as title, etc. are not allowed here. See Rule 6 for all exceptions.



Rule 2- Your question subject cannot be illegal or NSFW material.

Your question subject cannot be illegal or NSFW material. You will be warned first, banned second.



Rule 3- Do not seek mental, medical and professional help here.

Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.



Rule 4- No self promotion or upvote-farming of any kind.

That's it.



Rule 5- No baiting or sealioning or promoting an agenda.

Questions which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.



Rule 6- Regarding META posts and joke questions.

Provided it is about the community itself, you may post non-question posts using the [META] tag on your post title.

On fridays, you are allowed to post meme and troll questions, on the condition that it's in text format only, and conforms with our other rules. These posts MUST include the [NSQ Friday] tag in their title.

If you post a serious question on friday and are looking only for legitimate answers, then please include the [Serious] tag on your post. Irrelevant replies will then be removed by moderators.



Rule 7- You can't intentionally annoy, mock, or harass other members.

If you intentionally annoy, mock, harass, or discriminate against any individual member, you will be removed.

Likewise, if you are a member, sympathiser or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people, and you were provably vocal about your hate, then you will be banned on sight.



Rule 8- All comments should try to stay relevant to their parent content.



Rule 9- Reposts from other platforms are not allowed.

Let everyone have their own content.



Rule 10- Majority of bots aren't allowed to participate here.



Credits

Our breathtaking icon was bestowed upon us by @Cevilia!

The greatest banner of all time: by @TheOneWithTheHair!

founded 2 years ago
MODERATORS