this post was submitted on 02 Sep 2026
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politics

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The First Amendment protects an individual’s right to privately possess images or videos of child sexual abuse created using artificial intelligence — if the material does not depict a real person and remains in the home, a federal appeals court judge ruled Tuesday. The decision came in a case that tested the scope of laws implemented before advances in AI made it easy to create realistic-looking fake images of children.

Judge John Z. Lee, in the ruling for a three-judge panel of the U.S. Court of Appeals for the 7th Circuit, urged the Supreme Court to reconsider the issue of virtual abuse material of children in the age of AI, suggesting that technological advances complicate existing legal precedent.

“Given the relentless advancement in artificial intelligence models, we have some concerns about the lines these cases draw, but we are not free to redraw them ourselves,” the judge wrote.

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[–] chemical_cutthroat@lemmy.world 13 points 2 days ago* (last edited 2 days ago) (1 children)

AI can't hallucinate CSAM. It's trained. Maybe some people can skate by on first amendment, but the ones creating the models can't. Target the plague at the source.

[–] Alcoholicorn@mander.xyz 1 points 2 days ago* (last edited 2 days ago) (1 children)

If theres csam in the training data, surely they include where they got that image, and can use image recognition to find those images.

[–] LifeInMultipleChoice@lemmy.world 6 points 2 days ago* (last edited 2 days ago) (1 children)

Saw this a few days ago, that Canada was reporting Grok having it in the databases of known children who were abused

https://arstechnica.com/tech-policy/2026/08/elon-musks-xai-used-child-porn-to-train-grok-models-lawsuit-says/

I honestly don't think I'd be able to opt in to getting those notifications.

[–] Alcoholicorn@mander.xyz 2 points 2 days ago* (last edited 2 days ago) (2 children)

Doe’s images were included in a CSAM Hash List maintained by NCMEC, and “that same material” allegedly “was part of the dataset xAI used to build Grok’s image and video generating capabilities.”

You can't generate the original image from a hash, and it would make no sense for the original images to be publicly accessible, so I'm not entirely clear what the Canadian csam database has to do with this, unless the lawyer is saying it was leaked online any Grok picked it up from there or the article is saying images grok produced matched the hash associated with her images and alerted her.

Yeah I meant that Canada was somehow finding these images created and matching them back to images of children in their databases. Talk about a wretched job to have to exist. Whether the the images were in the original stuff to train the ai or used by a person say "make something off this image" and the ai allowing it.... All a gross situation.

[–] theneverfox@pawb.social 3 points 2 days ago (1 children)

The rumor is indeed that they got a hold of known csam and used it for training

[–] Alcoholicorn@mander.xyz 1 points 2 days ago (2 children)

It seems infinitely more likely that many pictures in the database can be found online or in other training sets than that xAI engineers secretly hacked the NCMEC csam database.

[–] theneverfox@pawb.social 1 points 1 day ago

That is in fact what I meant when I said they got a hold of known pictures...

[–] daannii@lemmy.world 1 points 1 day ago* (last edited 1 day ago) (1 children)

I mean it doesn't matter where the og csam images came from. The point is, they are saved in groks database and are being used to make ai csam.

And ncmec knows this because they match materials they have in their database.

[–] Alcoholicorn@mander.xyz 2 points 1 day ago (1 children)

It does matter because they have a more effective searching tool than ncmec, and should be alerting ncmec instead of adding it to training data.

[–] daannii@lemmy.world 2 points 1 day ago

Well. Yes. From that perspective it is important to learn how grok got the images.

It's possible they were shared through FB messenger but it's also possible they were gathered from other sources.

And those sources should be investigated and , like you say, why did grok find them when the ncmec hasn't ?

If it's from fb messenger then that explains a lot. But we don't know.

[–] i_am_not_a_robot@discuss.tchncs.de 4 points 2 days ago (1 children)

This sounds like an excuse to remove your rights. How is the government going to know what images people may have generated?

[–] Alcoholicorn@mander.xyz 0 points 1 day ago

That's entirely unnecessary, they just need to remove csam from the training data.