Federal prosecutors are appealing a federal judge’s ruling in Wisconsin that possessing child sexual abuse material created by artificial intelligence is sometimes protected by the Constitution. This ruling could have significant implications for the legal treatment of AI-generated child sexual abuse material in the future. The case involves Steven Anderegg, who used an AI image generator to create images depicting child sexual abuse. The judge allowed some charges to proceed but dismissed one, stating that the possession of “virtual child pornography” in one’s home is protected by the First Amendment. The prosecutors have appealed this decision. The Justice Department charged Anderegg with producing, distributing, and possessing obscene images of minors, as well as transferring obscene material to a minor. The Justice Department argues that the 2003 Protect Act criminalizes AI-generated child sexual abuse material. The case brings up questions about the use and regulation of AI technology to create harmful content. The amount of AI-generated CSAM posted online is increasing, raising concerns about its impact on child safety. The case highlights the ongoing challenges in addressing the use of AI in creating illegal content and the need for strong legal frameworks to protect children from exploitation.
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