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Legal fight against AI-generated child pornography is complicated – a legal scholar explains why, and how the law could catch up

2 0
11.02.2025

The city of Lancaster, Pennsylvania, was shaken by revelations in December 2023 that two local teenage boys shared hundreds of nude images of girls in their community over a private chat on the social chat platform Discord. Witnesses said the photos easily could have been mistaken for real ones, but they were fake. The boys had used an artificial intelligence tool to superimpose real photos of girls’ faces onto sexually explicit images.

With troves of real photos available on social media platforms, and AI tools becoming more accessible across the web, similar incidents have played out across the country, from California to Texas and Wisconsin. A recent survey by the Center for Democracy and Technology, a Washington D.C.-based nonprofit, found that 15% of students and 11% of teachers knew of at least one deepfake that depicted someone associated with their school in a sexually explicit or intimate manner.

The Supreme Court has implicitly concluded that computer-generated pornographic images that are based on images of real children are illegal. The use of generative AI technologies to make deepfake pornographic images of minors almost certainly falls under the scope of that ruling. As a legal scholar who studies the intersection of........

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