• PirateJesus@lemmy.today
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    5 months ago

    OMG. Every other post is saying their disgusted about the images part but it’s a grey area, but he’s definitely in trouble for contacting a minor.

    Cartoon CSAM is illegal in the United States. AI images of CSAM fall into that category. It was illegal for him to make the images in the first place BEFORE he started sending them to a minor.

    https://www.thefederalcriminalattorneys.com/possession-of-lolicon

    https://en.wikipedia.org/wiki/PROTECT_Act_of_2003

    • Madison420@lemmy.world
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      5 months ago

      Yeah that’s toothless. They decided there is no particular way to age a cartoon, they could be from another planet that simply seem younger but are in actuality older.

      It’s bunk, let them draw or generate whatever they want, totally fictional events and people are fair game and quite honestly I’d Rather they stay active doing that then get active actually abusing children.

      Outlaw shibari and I guarantee you’d have multiple serial killers btk-ing some unlucky souls.

        • RGB3x3@lemmy.world
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          5 months ago

          The problem with AI CSAM generation is that the AI has to be trained on something first. It has to somehow know what a naked minor looks like. And to do that, well… You need to feed it CSAM.

          So is it right to be using images of real children to train these AI? You’d be hard-pressed to find someone who thinks that’s okay.

          • Eezyville@sh.itjust.works
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            5 months ago

            You make the assumption that the person generating the images also trained the AI model. You also make assumptions about how the AI was trained without knowing anything about the model.

            • RGB3x3@lemmy.world
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              5 months ago

              Are there any guarantees that harmful images weren’t used in these AI models? Based on how image generation works now, it’s very likely that harmful images were used to train the data.

              And if a person is using a model based on harmful training data, they should be held responsible.

              However, the AI owner/trainer has even more responsibility in perpetuating harm to children and should be prosecuted appropriately.

              • Eezyville@sh.itjust.works
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                5 months ago

                And if a person is using a model based on harmful training data, they should be held responsible.

                I will have to disagree with you for several reasons.

                • You are still making assumptions about a system you know absolutely nothing about.
                • By your logic anything born from something that caused suffering from others (this example is AI trained on CSAM) the users of that product should be held responsible for the crime committed to create that product.
                  • Does that apply to every product/result created from human suffering or just the things you don’t like?
                  • Will you apply that logic to the prosperity of Western Nations built on the suffering of indigenous and enslaved people? Should everyone who benefit from western prosperity be held responsible for the crimes committed against those people?
                  • What about medicine? Two examples are The Tuskegee Syphilis Study and the cancer cells of Henrietta Lacks. Medicine benefited greatly from these two examples but crimes were committed against the people involved. Should every patient from a cancer program that benefited from Ms. Lacks’ cancer cells also be subject to pay compensation to her family? The doctors that used her cells without permission didn’t.
                  • Should we also talk about the advances in medicine found by Nazis who experimented on Jews and others during WW2? We used that data in our manned space program paving the way to all the benefits we get from space technology.
                • PotatoKat@lemmy.world
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                  5 months ago

                  The difference between the things you’re listing and SAM is that those other things have actual utility outside of getting off. Were our phones made with human suffering? Probably but phones have many more uses than making someone cum. Are all those things wrong? Yea, but at least good came out of it outside of just giving people sexual gratification directly from the harm of others.

                • aceshigh@lemmy.world
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                  5 months ago

                  The topic that you’re choosing to focus on really interesting. what are your values?

              • aesthelete@lemmy.world
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                5 months ago

                Are there any guarantees that harmful images weren’t used in these AI models?

                Lol, highly doubt it. These AI assholes pretend that all the training data randomly fell into the model (off the back of a truck) and that they cannot possibly be held responsible for that or know anything about it because they were too busy innovating.

                There’s no guarantee that most regular porn sites don’t contain csam or other exploitative imagery and video (sex trafficking victims). There’s absolutely zero chance that there’s any kind of guarantee.

            • PotatoKat@lemmy.world
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              5 months ago

              The images were created using photos of real children even if said photos weren’t CSAM (which can’t be guaranteed they weren’t). So the victims were are the children used to generate CSAM

              • sugar_in_your_tea@sh.itjust.works
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                5 months ago

                Let’s do a thought experiment, and I’d look to to tell me at what point a victim was introduced:

                1. I legally acquire pictures of a child, fully clothed and everything
                2. I draw a picture based on those legal pictures, but the subject is nude or doing sexually explicit things
                3. I keep the picture for my own personal use and don’t distribute it

                Or with AI:

                1. I legally acquire pictures of children, fully clothed and everything
                2. I legally acquire pictures of nude adults, some doing sexually explicit things
                3. I train an AI on a mix of 1&2
                4. I generate images of nude children, some of them doing sexually explicit things
                5. I keep the pictures for my own personal use and don’t distribute any of them
                6. I distribute my model, using the right to distribute from the legal acquisition of those images

                At what point did my actions victimize someone?

                If I distributed those images and those images resemble a real person, then that real person is potentially a victim.

                I will say someone who does this creepy and I don’t want them anywhere near children (especially mine, and yes, I have kids), but I don’t think it should be illegal, provided the source material is legal. But as soon as I distribute it, there absolutely could be a victim. Being creepy shouldn’t be a crime.

                • PotatoKat@lemmy.world
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                  5 months ago

                  I think it should be illegal to make porn of a person without their permission regardless of if it was shared or not. Imagine the person it is based off of finds out someone is doing that. That causes mental strain on the person. Just like how revenge porn doesn’t actively harm a person but causes mental strafe (both the initial upload and continued use of it). For scenario 1 it would be at step 2 when the porn is made of the person. For scenario 2 it would be a mix between step 3 and 4.

                  • sugar_in_your_tea@sh.itjust.works
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                    5 months ago

                    Thanks for sharing! I’m going to disagree with pretty much everything, so please stop reading here if you’re not interested.

                    Imagine the person it is based off of finds out someone is doing that. That causes mental strain on the person…

                    Sure, and there are plenty of things that can cause mental strain, but that doesn’t make those things illegal. For example:

                    • public display of affection - could cause mental stain people who recently broke up or haven’t found love
                    • drug use - recovering addicts could experience mental strain
                    • finding out someone is masturbating to a picture of you

                    And so on. Those things aren’t illegal, but someone could experience mental strain from them. Experiencing that doesn’t make you a victim, it just means you experience it.

                    revenge porn doesn’t actively harm a person but causes mental strafe

                    Revenge porn damages someone’s reputation, at the very least, which is a large part of why it’s illegal.

                    Someone keeping those images for private use doesn’t cause harm, therefore it shouldn’t be illegal.

                    Someone doing something creepy for their own use should never be illegal.

          • deathbird@mander.xyz
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            5 months ago

            the AI has to be trained on something first. It has to somehow know what a naked minor looks like. And to do that, well… You need to feed it CSAM.

            First of all, not every image of a naked child is CSAM. This is actually been kind of a problem with automated CSAM detection systems triggering false positives on non-sexual images, and getting innocent people into trouble.

            But also, AI systems can blend multiple elements together. They don’t need CSAM training material to create CSAM, just the individual elements crafted into a prompt sufficient to create the image while avoiding any safeguards.

            • PotatoKat@lemmy.world
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              5 months ago

              You ignored the second part of their post. Even if it didn’t use any csam is it right to use pictures of real children to generate csam? I really don’t think it is.

      • Mike@lemmy.ml
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        5 months ago

        I think the challenge with Generative AI CSAM is the question of where did training data originate? There has to be some questionable data there.

        • scoobford@lemmy.zip
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          5 months ago

          That would mean you need to enforce the law for whoever built the model. If the original creator has 100TB of cheese pizza, then they should be the one who gets arrested.

          Otherwise you’re busting random customers at a pizza shop for possession of the meth the cook smoked before his shift.

        • erwan@lemmy.ml
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          5 months ago

          There is also the issue of determining if a given image is real or AI. If AI were legal, that means prosecution would need to prove images are real and not AI with the risk of letting go real offenders.

          The need to ban AI CSAM is even clearer than cartoon CSAM.

      • zbyte64@awful.systems
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        5 months ago

        Big brain PDF tells the judge it is okay because the person in the picture is now an adult.

        • arefx@lemmy.ml
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          5 months ago

          You can say pedophile… that “pdf file” stuff is so corny and childish. Hey guys lets talk about a serious topic by calling it things like “pdf files” and “Graping”. Jfc

          • RGB3x3@lemmy.world
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            5 months ago

            Why do people say “graping?” I’ve never heard that.

            Please tell me it doesn’t have to do with “The Grapist” video that came out on early YouTube.

        • surewhynotlem@lemmy.world
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          5 months ago

          That’s the issue though. As far as I know it hasn’t been tested in court and it’s quite possible the law is useless and has no teeth.

          With AI porn you can point to real victims whose unconsented pictures were used to train the models, and say that’s abuse. But when it’s just a drawing, who is the victim? Is it just a thought crime? Can we prosecute those?

    • Clbull@lemmy.world
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      5 months ago

      I thought cartoons/illustrations of that nature were only illegal in the UK (Coroners and Justices Act 2008) and Switzerland. TIL about the PROTECT Act.