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I don't see how children were abused in this case? It's just AI imagery.
It's the same as saying that people get killed when you play first person shooter games.
Or that you commit crimes when you play GTA.
Then also every artist creating loli porn would have to be jailed for child pornography.
But this is the US... and its kind of a double standard if you're not arrested for drawing but for generating it.
The core reason CSAM is illegal is not because we don't want people to watch it but because we don't want them to create it which is synonymous with child abuse. Jailing someone for drawing a picture like that is absurd. While it might be of bad taste, there is no victim there. No one was harmed. Using generative AI is the same thing. No matter how much simulated CSAM you create with it, not a single child is harmed in doing so. Jailing people for that is the very definition of a moral panic.
Now, if actual CSAM was used in the training of that AI, then it's a more complex question. However it is a fact that such content doesn't need to be in the training data in order for it to create simulated CSAM and as long as that is the case it is immoral to punish people for creating something that only looks like it but isn't.
Sure, but same argument could be made of violent movies / games / books .. It's a rather slippery slope and as far as I know there doesn't seem to be correlation between violent games and real life violence, in fact I believe the correlation is negative.
I don't advocate for either but it should NOT be treated the same. one doesn't involve a child being involved and traumatized, id rather a necrophiliac make ai generated pics instead of... you know.