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It's hard to have a nuanced discussion because the article is so vague. It's not clear what he's specifically been charged with (beyond "obscenity," not a specific child abuse statute?). Because any simulated CSAM laws have been, to my knowledge, all struck down when challenged.
I completely get the "lock them all up and throw away the key" visceral reaction - I feel that too, for sure - but this is a much more difficult question. There are porn actors over 18 who look younger, do the laws outlaw them from work that would be legal for others who just look older? If AI was trained exclusively on those over-18 people, would outputs then not be CSAM even if the images produced features that looked under 18?
I'm at least all for a "fruit of the poisoned tree" theory - if AI model training data sets include actual CSAM then they can and should be made illegal. Deepfaking intentionally real under 18 people is also not black and white (looking again to the harm factor), but also I think it can be justifiably prohibited. I also think distribution of completely fake CSAM can be arguably outlawed (the situation here), since it's going to be impossible to tell AI from real imagery soon and allowing that would undermine enforcement of vital anti-real-CSAM laws.
The real hard case is producing and retaining fully fake people and without real CSAM in training data, solely locally (possession crimes). That's really tough. Because not only does it not directly hurt anyone in its creation, there's a possible benefit in that it diminishes the market for real CSAM (potentially saving unrelated children from the abuse flowing from that demand), and could also divert the impulse of the producer from preying on children around them due to unfulfilled desire.
Could, because I don't think there's studies that answers whether those are true.
I mostly agree with you, but a counterpoint:
Downloading and possession of CSAM seems to be a common first step in a person initiating communication with a minor with the intent to meet up and abuse them. I've read many articles over the years about men getting arrested for trying to meet up with minors, and one thing that shows up pretty often in these articles is the perpetrator admitting to downloading CSAM for years until deciding the fantasy wasn't enough anymore. They become comfortable enough with it that it loses its taboo and they feel emboldened to take the next step.
CSAM possession is illegal because possession directly supports creation, and creation is inherently abusive and exploitative of real people, and generating it from a model that was trained on non-abusive content probably isn't exploitative, but there's a legitimate question as to whether we as a society decide it's associated closely enough with real world harms that it should be banned.
Not an easy question for sure, and it's one that deserves to be answered using empirical data, but I imagine the vast majority of Americans would flatly reject a nuanced view on this issue.
The problem is empirical data cannot be morally or ethically found. You can't show a bunch of people porn and then make a statistical observation of whether those shown child porn are more likely to assault children. So we have to go forward without that data.
I will anecdotally observe anal sex, oral sex, and facials have gone up between partners as prevalence in porn has gone up. That suggests but does not prove a direct statistical harm caused by even "ethically produced CSAM."
True, it wouldn't be ethical to conduct an experiment, but we can (and probably do) collect lots of observational data that can provide meaningful insight. People are arrested at all stages of CSAM related offenses from just possession, distribution, solicitation, and active abuse.
While observation and correlations are inherently weaker than experimental data, they can at least provide some insight. For example, "what percentage of those only in possession of artificially generated CSAM for at least one year go on to solicit minors" vs. "real" CSAM.
If it seems that artificial CSAM is associated with a lower rate of solicitation, or if it ends up decreasing overall demand for "real" CSAM, then keeping it legal might provide a real net benefit to society and its most vulnerable even if it's pretty icky.
That said, I have a nagging suspicion that the thing many abusers like most about CSAM is that it's a real person and that the artificial stuff won't do it for them at all. There's also the risk that artificial CSAM reduces the taboo of CSAM and can be an on-ramp to more harmful materials for those with pedophilic tendencies that they otherwise are able to suppress. But it's still way too early to know either way.
Perhaps. But what about when they can't tell the difference between real and virtual? It seems like the allure of all pornography is the fantasy, rather than the reality. That is, you may enjoy extreme BDSM pornography, and enjoy seeing a person flogged until they're bleeding, or see needles slowly forced through their penis, but do you really care that it's a real person that's going to end the scene, take a shower, and go watch a few episodes of "The Good Place" with their dog before bed? Or is it about the power fantasy that you're constructing in your head about that scene? How important is the reality of the scene, versus being able to suspend your disbelief long enough to get sexual gratification from it? If the whole scene was done with really good practical effects and CG, would your experience, as a user--even if you were aware--be different?
I think it would be ethical for researchers to go onto the boards of these already-existing CP distribution forums and conduct surveys. But then the surveyors would be morally obligated to report that board to the authorities to get it shut down. Which means that no one would ever answer surveyor questions because they knew the board would be shut down soon so they'd just find a new site ugh...
Yeah nvm I don't see any way around this one