this post was submitted on 26 Aug 2024
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This creates a significant legal issue - AI generated images have no age, nor is there consent.
The difference in appearance between age 16 and 18 is minimal, but the legal difference is immense. This is based entirely on a concept that cannot apply.
How do you define what's depicting a fictional child? Especially without including real adults? I've met people who believe that preferring a shaved pubic area is pedophilia. This is even though the vast majority of adult women do so. On the flip side, teenagers from the 70s and 80s would be mistaken for 40+ today.
Even the extremes aren't clear. Adult star "Little Lupe", who was 18+ in every single appearance, lacked most secondary sex characteristics. Experts testified in court that she could not possibly be an adult. Except she was, and there's full documentation to prove it. Would AI trained exclusively on her work be producing CSAM?
Well, also this is nothing new, unfortunately. See Lolis. Or maybe don't...