A federal appeals court panel decision issued in late August has sparked debate after determining that First Amendment protections cover possession of artificially generated child sexual abuse material when no actual child is depicted. Legal experts acknowledge the ruling sounds troubling to many, though the judges based their determination on long-established Supreme Court precedent developed before advanced AI technology became available.
The case centered on Steven Anderegg, a software engineer accused of using generative AI to create sexually explicit imagery and sending it to a minor through Instagram in October 2023. Meta detected the material and reported it to authorities. While Anderegg still faces charges for producing and distributing the content, a district court dismissed the possession charge, which prosecutors appealed. The U.S. Court of Appeals for the 7th Circuit upheld the dismissal, citing prior Supreme Court rulings that protect certain materials within private homes.
The appeals court judges expressed concern about their own conclusion, signaling that the Supreme Court should consider revising its decades-old precedent in light of modern AI capabilities. Legal scholars point out that current law distinguishes between entirely computer-generated imagery and material created using images of real children, creating a complex legal landscape as technology advances faster than legislation.
Experts suggest potential challenges to the ruling, including arguments that AI models used to generate such content may have been trained on actual abuse material. Meanwhile, questions remain about balancing free speech protections with preventing harm to children and the normalization of child exploitation.
Originally reported by Mashable →
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