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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.
generally a very good point, however i feel it's important to point out some important context here:
the pedophiles you're talking about in your comment are almost always members of tight knit communities that share CSAM, organize distribution, share sources, and most importantly, indulge their fantasies/desires together.
i would think that the correlation that leads to molestation is not primarily driven by the CSAM itself, but rather the community around it.
we clearly see this happening in other similarly structured and similarly isolated communities: nazis, incels, mass shooters, religious fanatics, etc.
the common factor in radicalization and development of extreme views in all these groups is always isolation and the community they end up joining as a result, forming a sort of parallel society with it's own rules and ideals, separate from general society. over time people in these parallel societies get used to seeing the world in a way that aligns with the ideals of the group.
nazis start to see anyone not part of their group as enemies, incels start to see "females" instead of women, religious fanatics see sinners...and pedophiles see objects that exist solely for their gratification instead of kids...
I don't see why molesters should be any different in this aspect, and would therefore argue that it's the communal aspect that should probably be the target of the law, i.e.: distribution and organization (forums, chatrooms, etc.)
the harder it is for them to organize, the less likely these groups are to produce predators that cause real harm!
if on top of that there is a legally available outlet where they can indulge themselves in a safe manner without harming anyone, I'd expect rates of child molestation to drop significantly, because, again, there's precedence from similar situations (overdoses in drug addicts, for example)
i think it is a potentially fatal mistake to think of pedophiles as "special" cases, rather than just another group of outcasts, because in nearly all cases of such pariahs the solutions that prove to work best in the real world are the ones that make these groups feel less like outcasts, which limits avenues of radicalization.
i thought these parallels are something worth pointing out.