Clarence Thomas offers a path to ban realistic AI child abuse images
A three-judge panel of the U.S. Court of Appeals for the 7th Circuit recently delivered a very disturbing ruling based on decades of legal precedent that have upended efforts to protect children from Child Sexual Abuse Material. The appeals court reluctantly upheld the dismissal of a criminal indictment for possession of AI-generated child pornography — though charges for producing and distributing the disturbing images were not dismissed.
TL;DR
- The 7th Circuit Court of Appeals upheld the dismissal of charges for possessing AI-generated child pornography, citing *Ashcroft v. Free Speech Coalition* (2002).
- The court was bound by precedent that mere possession of virtual child sexual abuse material (CSAM) is protected by the First Amendment, unlike CSAM depicting actual children.
- Charges for producing and distributing AI-generated CSAM were not dismissed, as these acts remain criminal.
- Judges expressed concern that advancements in AI technology make it difficult to distinguish virtual CSAM from real CSAM, potentially normalizing the latter.
- Two judges urged the Supreme Court to provide guidance on the intersection of the First Amendment and virtual CSAM.
- Justice Clarence Thomas's past writings suggested a potential constitutional path to ban certain categories of "lawful speech" if technological advances thwart prosecution of CSAM made from real children.
- A proposed solution is to prohibit AI-generated CSAM that is indistinguishable from real imagery to a reasonable person, focusing on protecting real children.