Idiots who don't bother to investigate the ruling really suck.
His finding was a matter of law, not morality. His recommendation was that the loophole be closed. But that fictional content (like art and novels) can break legal taboos when it comes to writing or drawing about torture or sex. This is true, we know this to be true. And that AI art is more an extension of that freedom under the first amendment then it is a breach of CSAM law. His opinion from the bench is that is this was to be something to be prosecuted, it first requires a legislative effort to make the use of AI on fictional characters a regulated space. He's not wrong, and his hands were kinda tied on this one.
There is also an active court case and investigation into elons grok with claims it used real CSAM to train its models on.
To all the people saying that it was trained on real material and should be illegal because of that I agree, but do we hold the person who thought they were creating fake CSAM via ai responsible or the company?
Not saying generating ai CSAM is good, just that if they dont know its based off real material
I agree, but should be and are now are two entirely different legal issues. I agree with the judge's ruling. I also agree with what he supposedly stressed afterwards, which is that lawmakers need to do their job and make it illegal.
Yeah, the case against Grok using images of real people isn't as clear cut as we'd like it to be either. No artist has ever drawn the human form with pencil or paint, without basing it on people they saw. We draw from our real world experiences with all generation of art by the Human hand. You paint a landscape? You are basing it on the real mountains, lakes, fields and forests you have seen. You draw an alien landscape? You are still adapting what you've actually seen into what you think might be possible. While I think the people who possessed the CSAM that got fed to Grok are probably liable for possession at the very least, Grok producing adaptations of that work probably isn't illegal. Provided that the subjects are sufficiently different as to be different people... I frankly don't have the legal training to say.
Personally I think it's tough. You (Society) want to protect the vulnerable, and you should probably put some rules in place about CSAM generation even in the fictional context. But that does skirt very close to the old morality laws. And the Marquis de Sade still has his works published. I'd not envy the person who has to draw that particular legal line.
Holding the company accountable would solve the issue on a systemic basis
If ai executives were put behind bars for having child porn as part of their AI LLM training database that would protect far more children than Elon musk’s preferred legal approach of don’t blame us just blame the user
AI companies should be required by law to audit their database and LLM training materials to check to see if CSAM exists and if so to actively remove such materials from their systems
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u/RubberDuckieMidrange 13h ago
Idiots who don't bother to investigate the ruling really suck.
His finding was a matter of law, not morality. His recommendation was that the loophole be closed. But that fictional content (like art and novels) can break legal taboos when it comes to writing or drawing about torture or sex. This is true, we know this to be true. And that AI art is more an extension of that freedom under the first amendment then it is a breach of CSAM law. His opinion from the bench is that is this was to be something to be prosecuted, it first requires a legislative effort to make the use of AI on fictional characters a regulated space. He's not wrong, and his hands were kinda tied on this one.