• webghost0101@sopuli.xyz
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    2 days ago

    I have mixed feelings about this prosecution of ai deepfakes.

    Like obviously people should have protection against becoming a victim of such and perpetrators should be held accountable.

    But the line “feds are currently testing whether existing laws protecting kids against abuse are enough to shield kids from AI harms” would be a incredibly dangerous precedent because those are mostly designed for actual physical sex crimes.

    As wrong as it is to create and distribute ai generated sex imagery involving non consenting people it is not even remotely as bad as actual rape and distributing real photos.

    • otp@sh.itjust.works
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      1 day ago

      I’m some jurisdictions, public urination can put you on a sex offender registry.

      It wouldn’t even matter if you’re trying to be discreet and just have to go but there’s no public washrooms around.

    • Blueberrydreamer@lemmynsfw.com
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      2 days ago

      I don’t think you’re on the right track here. There are definitely existing laws in most states regarding ‘revenge porn’, creating sexual media of minors, Photoshop porn, all kinds of things that are very similar to ai generated deep fakes. In some cases ai deepfakes fall under existing laws, but often they don’t. Or, because of how the law is written, they exist in a legal grey area that will be argued in the courts for years.

      Nowhere is anyone suggesting that making deepfakes should be prosecuted as rape, that’s just complete nonsense. The question is, where do new laws need to be written, or laws need to be updated to make sure ai porn is treated the same as other forms of illegal use of someone’s likeness to make porn.

    • rottingleaf@lemmy.world
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      2 days ago

      Creating and distributing anything should be legal if no real person suffers during its creation and if it’s not intended at defamation, forgery, such things.

      • AstralPath@lemmy.ca
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        2 days ago

        Bruh how is creating and distributing a non-consensual nude-ified picture of a young girl not a cause for suffering for the victim? Please, explain that to the class.

        Did you just not go to school as a kid? If so, that would explain your absolute ineptitude on this topic. Your opinion is some real “your body, my choice” kind of energy.

        • krashmo@lemmy.world
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          2 days ago

          There’s a legitimate discussion to be had about harm reduction here. You’re approaching this topic from an all-or-nothing mindset but there’s quite a bit of research indicating that’s not really how it works in practice. Specifically as it relates to child pornography the argument goes that not allowing artificial material to be created leads to an increase in production of actual child pornography which obviously means more real children are being harmed than would be if other forms were not controlled in the same fashion. The same sort of logic could be applied to revenge porn, stolen selfies, or whatever else we’re calling the kind of thing this article is referring to. It may not be an identical scenario but I still think it would be fair to say that an AI generated image is not as damaging as a real one.

          That is not to say that nothing should be done in these situations. I haven’t decided what I think the right move is given the options in front of us but I think there’s quite a bit more nuance here than your comment would indicate.

          • MagicShel@lemmy.zip
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            2 days ago

            I think this is probably a really good point. I have no issue with AI generated images, although obviously if they are used to do an illegal thing such has harassment or defamation, those things are still illegal.

            I’m of two minds when it comes to AI nudes of minors. The first is that if someone wants that and no actual person is harmed, I really don’t care. Let me caveat that here: I suspect there are people out there who, if inundated with fake CP, will then be driven to ideation about actual child abuse. And I think there is real harm done to that person and potentially the children if they go on to enact those fantasies. However I think it needs more data before I am willing to draw a firm conclusion.

            But the second is that a proliferation of AI CP means it will be very difficult to tell fakes from actual child abuse. And for that reason alone, I think it’s important that any distribution of CP, whether real or just realistic, must be illegal. Because at a minimum it wastes resources that could be used to assist actual children and find their abusers.

            So, absent further information, I think whatever a person whats to generate for themselves in private is just fine, but as soon as it starts to be distributed, I think that it must be illegal.

        • rottingleaf@lemmy.world
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          2 days ago

          Read my comment again.

          Your opinion is some real “your body, my choice” kind of energy.

          My advice to you would be to improve your reading comprehension before judging this way.

          In particular, the word “defamation”.

      • essteeyou@lemmy.world
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        2 days ago

        Can you share a full-body shot of yourself please? Don’t worry, you won’t suffer while it gets used to create other content that we’ll distribute to your friends, family, classmates, coworkers, etc.

          • ShepherdPie@midwest.social
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            2 days ago

            “Deepfakes” are edited pictures of real people. I’d be more inclined to agree with you on completely AI generated images but not something specifically intended to deceive others into thinking they’re viewing a real person’s image.

            • rottingleaf@lemmy.world
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              2 days ago

              Deepfakes are, however the top-level comment I was answering was not limited to deepfakes. And as my further discussion with its author shows, they too didn’t mean only deepfakes.

              Their opinion was that any kind of pornography portraying children, even if it’s not shared with others and not based on pics of real people, should be prosecuted just like making real child pornography.

              You know, this thread has once again reinforced me in my opinion that the best system of government is Aspie Reich. Only people with Aspergers should be allowed to make laws and judge and hold public posts. The rest of fucking chimps just don’t have what it takes to override their chimp instincts.

        • FiskFisk33@startrek.website
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          1 day ago

          intention is litigated every day. Intention is what differentiates murder from manslaughter. Intention is what differentiates free speech from defamation.

        • boatswain@infosec.pub
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          2 days ago

          My understanding is that intention is not uncommonly litigated; I believe the question of “intent to deceive” is central to trademark law, for example. That’s also what the the “degrees” of murder etc are about.

          Disclaimer: I’m not a lawyer. I do read an awful lot of contacts and talk to lawyers.

        • rottingleaf@lemmy.world
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          2 days ago

          This is not a legal text, you little cheat.

          This is a sentence in natural language, want me to start asking such questions about everything you write?

          If you make a deepfake of someone and share it, then it’s defamation. Taking a picture voluntarily shared and editing it is not a crime.

          • EamonnMR@lemmy.sdf.org
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            22 hours ago

            By litigate I mean, if a person is creating something and says they don’t plan to distribute it, do we take their word for it?

            If it ends up getting distributed anyway, should we take their word that it was an accident?

            We consider people’s private data important enough that if you leak it even by mistake you are on the hook for that. You have a responsibility.

            I think that rather than framing this as something harmless unless distributed and therefore intent to distribute matters, we should treat it as something you have a responsibility not to create because it will be harmful when it is inevitably distributed.

      • Alphane Moon@lemmy.worldOP
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        2 days ago

        You would be fine with AI-gen porn images of your teenage daughter being distributed around the internet?

            • rottingleaf@lemmy.world
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              2 days ago

              Making forged pics of someone else falls under defamation.

              It’s very clearly not rape, sexual abuse, child pornography or non-consensual pornography.

                • rottingleaf@lemmy.world
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                  2 days ago

                  Even knowing what Internet is, I sometimes try to pretend the other side is arguing in good faith.

                  I mean, it’s as if someone pushed me and I would try to sue them for cutting my hand off. With that hand present.

                  I would understand the “this punishment is not enough, we have to do more” sentiment, but instead of “more” they are trying to alias a different action with an existing action with harsher punishment.

        • droporain@lemmynsfw.com
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          2 days ago

          Meanwhile in reality check out what she is distributing through Snapchat and only fans… Maybe pursuing the actual crimes first then if there’s spare resources go after fiction.

          • Todd Bonzalez@lemm.ee
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            2 days ago

            Big “but what was she wearing?” energy here.

            I don’t give a shit if she’s doing Shein bikini hauls on Youtube. If you use AI to nudify her pictures, you’re manufacturing child pornography, and deserve the full consequences for doing that.

            As for OnlyFans, they are quite strict about age requirements. Children aren’t running OF accounts. You just hate women and needed to bring up OF to slut-shame.

            • droporain@lemmynsfw.com
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              2 days ago

              No I’m just pointing out the obvious fake morality. Big “somebody think of the children” energy here Todd. You just hate common sense and logic and are bringing it up because you need a knee jerk reaction to simulate an emotional response from real humans.

            • sunzu2@thebrainbin.org
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              2 days ago

              If you use AI to nudify her pictures, you’re manufacturing child pornography, and deserve the full consequences for doing that.

              Somebody in non US satellite foreign state can go and do that now from the youtube “bikini hauls” since they publicly avaoialble

              What are you or the feds gonna about that, chief?

              If that is your or her concern, don’t post pictures online. Otherwise, you are literally the mercy of the internet. Privacy 101.

              I am sure giving feds extra powers on this won’t end like everything else, ie abused against lesser peons.

            • rottingleaf@lemmy.world
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              2 days ago

              If you use AI to nudify her pictures, you’re manufacturing child pornography, and deserve the full consequences for doing that.

              No, equating this to an actual child being raped is incorrect. These are not crimes of remotely equal magnitude.

              Comparing a person who raped a child, made photos and distributed them to a person who used Photoshop or an AI tool is, other than just evil, reducing the meaning of the former.

              • Arkouda@lemmy.ca
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                2 days ago

                It is weird how hard you have been defending the production of child pornography in this thread.

                • rottingleaf@lemmy.world
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                  2 days ago

                  What this conversation is about has as much to do with child pornography as hentai with loli characters.

                  You just can’t argue without unsubstantiated accusations, can you?

                  When real living people are being murdered and abused in droves, you are still worried more about glorified automated Photoshop and accusing its users of being the same as actual rapists.

  • 0x0@programming.dev
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    2 days ago

    Title is misleading?

    An AI-generated nude photo scandal has shut down a Pennsylvania private school. On Monday, classes were canceled after parents forced leaders to either resign or face a lawsuit potentially seeking criminal penalties and accusing the school of skipping mandatory reporting of the harmful images.

    Classes are planned to resume on Tuesday, Lancaster Online reported.

    So the school is still in operation.

  • stinky@redlemmy.com
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    2 days ago

    Arstechnica doesn’t cite its sources? All it has are links to more Arstechnica articles.

    The above article says,

    In the US, the feds are currently testing whether existing laws protecting kids against abuse are enough to shield kids from AI harms.

    …but doesn’t cite any sources. There’s an embedded link, back to Arstechnica. What the fuck?

  • Cornpop@lemmy.world
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    2 days ago

    Nobody was “abused” this is out of hand. suspend the kid or whatever that did it, some kind of school punishment, but jail? And lawsuits over some ai images? Crazy.

    • hedgehogging_the_bed@lemmy.world
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      2 days ago

      The lawsuit was about the fact the school knew for months about the problem and did nothing to address it. If they plausibly couldn’t know, it wouldn’t have been their fault but this was reported to the admin repeatedly and they did nothing.

      • Eranziel@lemmy.world
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        2 days ago

        Exactly this, and rightly so. The school’s administration has a moral and legal obligation to do what it can for the safety of its students, and allowing this to continue unchecked violates both of those obligations.

  • NeoNachtwaechter@lemmy.world
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    2 days ago

    researchers concluded that “outlawing all deepfakes is unrealistic and unfeasible”—especially since all the harmful AI-generated images that are already out there are likely to “remain online indefinitely.”

    Just think a little bigger:

    It must be a crime to have the harmful material.

    Have it on your PC or phone —> goto jail.
    Have it in your online account —> goto jail.
    Be a service provider and have it on your server —> goto jail.

    This will reduce the stuff.

    • KairuByte@lemmy.dbzer0.com
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      2 days ago

      This will also make it trivial to target someone and have them sent to jail. I could literally post an image, right now, and it would be on your current device. Using your logic, you’d be liable and on your way to jail.

    • sensiblepuffin@lemmy.world
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      2 days ago

      You really haven’t thought this through. What happens if I email you a bunch of illegal pictures? Guess we’re both going to jail.

      • NeoNachtwaechter@lemmy.world
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        2 days ago

        Oh but I don’t need to think too much through it. It is pretty much the legal situation in Germany (and probably several other European countries). There may be some edge cases that I don’t know.

        Of course, if you send stuff to me, then you are the first of the evil ones :) and if I can convince the judge that I did not know and did not want (!) the stuff (and by the way, how did they even know about it? Even before I had the chance to delete it?), there will be room for a reasonable decision.