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I get this position, truly, but I struggle to reconcile it with the feeling that artwork of something and photos of it aren’t equal. In a binary way they are, but with more precision they’re pretty far apart. But I’m not arguing against it, I’m just not super clear how I feel about it yet.
So long as the generation is without actual model examples that are actual minors there's nothing technically illegal about having sexual material of what appears to be a child. They would then have a mens rea question and a content question, what actual defines in a visual sense a child? Could those same things equally define a person of smaller stature? And finally could someone like tiny texie be charged for producing csam as she by all appearance or of context looks to be a child.
The problem is that the only way to train an AI model is on real images, so the model can’t exist without crimes and suffering having been committed.
This isn't true. AI can generate tan people if you show them the color tan and a pale person -- or green people or purple people. That's all ai does, whether it's image or text generation -- it can create things it hasn't seen by smooshing together things it has seen.
And this is proven by reality: ai CAN generate csam, but it's trained on that huge image database, which is constantly scanned for illegal content.