That's a heck of a slippery slope I just fell down.
If responses generated from AI can be held criminally liable for their training data's crimes, we can all be held liable for all text responses from GPT, since it's being trained on reddit data and likely has access to multiple instances of brigading, swatting, man hunts, etc.
That irrelevant, any realistic depiction of children engaged in sexual activity meets the legal definition of csam. Even using filters on images of consenting adults could qualify as csam if the intent was to make the actors appear underage.
It's a picture of a hallucination of a tree. Distinguishing real from unreal ought to be taken more seriously given the direction technology is moving.
I mean... regardless of your moral point of view, you should be able to answer that yourself. Here's an analogy: suppose I draw a picture of a man murdering a dog. It's an animal abuse image, even though no actual animal abuse took place.
However these guard rail laws, and “won’t someone think about the children” cases are a reeeeally easy way for the government to remove more power from the people.
However, I believe if handled correctly, banning this sort of thing is absolutely necessary to combat the mental illness that is pedophilia.
There's something to be said about making it as difficult as possible to enable the behavior. Though that does run the risk of a particularly frustrated individual doing something despicable to an actual child. I don't exactly have the data on how all this plays out, and frankly I don't want to be the one to look into it. Society isn't particularly equipped to handle an issue like this though, focusing on stigma alone to kinda try to shove it under the rug.
Mainly it’s a problem of enabling the problem as others have mentioned.
It’s not a solution, per se. It doesn’t solve something specifically- but it doesn’t have to be. It’s about making it less accessible, harsher consequences, and so on to put more pressure on not continuing to participate in the activity. Ultimately it boils down to mental health and trauma. Pedophilia is a paraphilic disorder at the end of the day.
It's open source code that someone ran on their own computer, it's not like he used paid OpenAI credits to generate the image.
It also would set a bad precedent - it would be like charging Solomons & Fryhle because someone used their (absolutely ubiquitous) organic chemistry textbook to create methamphetamine
The basis of making CSAM illegal was that minors are harmed during the production of the material. Prior to CG, the only way to produce pornographic images involving minors was to use real, flesh-and-blood minors. But if no minors are harmed to create CSAM, then what is the basis for making that CSAM illegal?
Think of it this way: if I make a pencil drawing of a minor being sexually abused, should that be treated as though it is a criminal act? What if it's just stick figures, and I've labeled one as being a minor, and the others as being adults? What if I produce real pornography using real adults, but used actors that appear to be underage, and I tell everyone that the actors were all underage so that people believe it's CSAM?
It seems to me that, rationally, things like this should only be illegal when real people are being harmed, and that when there is no harm, it should not be illegal. You can make an entirely reasonable argument that pornographic images created using a real person as the basis does cause harm to the person being so depicted. But if it's not any real person?