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Federal courts and lawmakers are wrestling with (CSAM): prosecutors treat such material as criminal under existing federal statutes in many cases, but constitutional limits from and recent district-co...
Federal statute 18 U.S.C. §2256 is broadly interpreted by federal agencies and many legal commentators to cover , but legal uncertainty remains for purely synthetic images not tied to real children. T...
Federal prosecutors have charged people for creating, distributing, or possessing AI-generated CSAM, and at least one defendant successfully won dismissal of a possession count on First Amendment grou...
Prosecutors have begun using AI-chatbot logs and other AI-related digital traces as evidence in criminal cases outside of CSAM prosecutions, and reporting shows growing legal and policy activity aroun...
criminalizes many forms of when the image depicts a minor engaged in sexually explicit conduct or is “virtually indistinguishable” from such a depiction, but enforcement hinges on several legal thresh...
A recent federal district court dismissed a possession charge tied to wholly AI‑generated obscene images, finding Section 1466A unconstitutional as applied to private possession of virtual CSAM—invoki...
Text-only sexual writing that depicts minors is treated far more permissively under U.S. law and constitutional doctrine than visual depictions: federal statutes and precedent focus criminal liability...
— erotic or sexualized artwork depicting anthropomorphic juvenile animals (“cubs” or “babyfur”) — is not categorically illegal across the , but it occupies a volatile legal gray zone where specific fo...
Yes. Federal law makes possession and even “access with intent to view” child sexual abuse material (CSAM) a crime (18 U.S.C. §§2252, 2252A), and state laws overwhelmingly criminalize possession and o...
Prosecutors seeking to demonstrate that (AIG‑CSAM) is "virtually indistinguishable" from real CSAM rely on a combination of published technical reports, frontline analyst testimony about visual indist...
Courts and scholars defending deepfake and AI-generated sexual content against statutory bans have mainly invoked core First Amendment doctrines: that synthetic expression is speech, content-based res...
Courts have addressed defenses for accidental or inadvertent viewing or possession of child pornography, with judicial rulings and legal commentary repeatedly emphasizing that for many child‑pornograp...
The PROTECT Act of 2003 has been used to prosecute cases involving animated or drawn depictions of minors primarily by criminalizing “obscene” virtual child pornography and images that are “virtually ...
The makes drawn or animated sexual depictions of minors prosecutable under federal law when they meet either a “computer-generated indistinguishable” standard or are found to be obscene under 18 U.S.C...
The in v. struck down parts of the that criminalized “virtual child pornography” — images that appear to depict minors but were produced without using real children — holding that those provisions wer...
Federal and lower courts are starting to draw a sharp line between AI- or computer-generated sexual images that do not involve real children and material that is based on or depicts actual minors, wit...
Federal law treats computer‑generated images that are "indistinguishable" from real children as through the definitional backbone in 18 U.S.C. § 2256 and through prosecutorial statutes such as 18 U.S....
have split along lines of technology and mens rea: circuits have generally upheld prosecutions based on hyperlinks and active stings while taking a more cautious approach where possession depends on ,...
Courts demand that AI-assisted CSAM detection meet traditional evidence and Fourth Amendment standards: reliable methodology, known error rates and validation, transparent chain-of-custody and human c...
Creating, distributing, or possessing AI-generated child sexual abuse material (CSAM) has been treated as illegal by many federal agencies and advocates, but key constitutional and statutory nuances m...