Last May, congress passed the Take It Down Act, requiring websites to remove “nonconsensual intimate visual depictions” of identifiable individuals. This includes both real and AI-generated content.
But this law only addresses content publication, not the various ways in which it may be created or stored. And as AI models become increasingly more advanced, legislators are having a hard time keeping up.
Gaps in the law
Just months before that bill became law, a Wisconsin district court ruled to protect the right to private possession of AI-generated child sexual abuse materials.
Yes, you read that correctly.
The ruling states it is legal to possess such materials if they are (1) synthetic — that is, does not contain images generated from actual children — and (2) not distributed outside one’s home. The actual production of such materials is not protected by law, although its legality remains hazy.
In making this decision, the court…
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