this post was submitted on 23 Jun 2024
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[–] [email protected] 58 points 5 months ago (2 children)

“This kid who is not getting any kind of real consequence other than a little bit of probation, and then when he’s 18, his record will be expunged, and he’ll go on with life, and no one will ever really know what happened,” McAdams told CNN.

“If [this law] had been in place at that point, those pictures would have been taken down within 48 hours, and he could be looking at three years in jail...so he would get a punishment for what he actually did,” McAdams told CNN.

There's a reason kids are tried as kids and their records are expunged when they become adults. Undoing that will just ruin lives without lessening occurrences.

“It’s still so scary as these images are off Snapchat, but that does not mean that they are not on students’ phones, and every day I’ve had to live with the fear of these photos getting brought up resurfacing,” Berry said. “By this bill getting passed, I will no longer have to live in fear knowing that whoever does bring these images up will be punished.”

This week, Republican Senator Ted Cruz, Democratic Senator Amy Klobuchar and several colleagues co-sponsored a bill that would require social media companies to take down deep-fake pornography within two days of getting a report.

“[The bill] puts a legal obligation on the big tech companies to take it down, to remove the images when the victim or the victim's family asks for it,” Cruz said. “Elliston's Mom went to Snapchat over and over and over again, and Snapchat just said, ‘Go jump in a lake.’ They just ignored them for eight months.”

BS

It's been possible for decades for people to share embarrassing pictures of you, real or fake, on the internet. Deep fake technology is only really necessary for video.

Real or fake pornography including unwilling participants (revenge porn) is already illegal and already taken down, and because the girl is underage it's extra illegal.

Besides the legal aspect, the content described in the article, which may be an exaggeration of the actual content, is clearly in violation of Snapchat's rules and would have been taken down:

  • We prohibit any activity that involves sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery, grooming, or sexual extortion (sextortion), or the sexualization of children. We report all identified instances of child sexual exploitation to authorities, including attempts to engage in such conduct. Never post, save, send, forward, distribute, or ask for nude or sexually explicit content involving anyone under the age of 18 (this includes sending or saving such images of yourself).
  • We prohibit promoting, distributing, or sharing pornographic content, as well as commercial activities that relate to pornography or sexual interactions (whether online or offline).
  • We prohibit bullying or harassment of any kind. This extends to all forms of sexual harassment, including sending unwanted sexually explicit, suggestive, or nude images to other users. If someone blocks you, you may not contact them from another Snapchat account.
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[–] [email protected] 39 points 5 months ago* (last edited 5 months ago)
[–] [email protected] 31 points 5 months ago* (last edited 5 months ago) (2 children)

I apologize for the innappropriate behavior and bans by @[email protected] in this thread, I've removed them as a mod here, banned them, and unbanned the ppl who they innappropriately banned.

Note: if they get unbanned in the near future, its because of our consensus procedure which requires us admins to take a vote.

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[–] [email protected] 23 points 5 months ago (5 children)

Odd that there is no mention of the parents contacting the police and working through them to get the images down Technically and legally the photos would be considered child porn Since it's over the Internet it would bring Federal charges even though there maybe State charges Somethings were handled wrong if all the kid is getting is probation

[–] [email protected] 23 points 5 months ago* (last edited 5 months ago) (10 children)

photos

They aren't photos. They're photorealistic drawings done by computer algorithms. This might seem like a tiny quibble to many, but as far as I can tell it is the crux of the entire issue.

There isn't any actual private information about the girls being disclosed. The algorithms, for example, do not and could not know about and produce an unseen birthmark, mole, tattoo, piercing, etc. A photograph would have that information. What is being shown is an approxomation of what similar looking girls in the training set look like, with the girls' faces stiched on top. That is categorically different than something like revenge porn which is purely private information specific to the individual.

I'm sure it doesn't feel all that different to the girls in the pics, or to the boys looking at it for that matter. There is some degree of harm here without question. But we must tread lightly because there is real danger in categorizing algorithmic guesswork as reliable which many authoritarian types are desperate to do.

https://www.wired.com/story/parabon-nanolabs-dna-face-models-police-facial-recognition/

This is the other side of the same coin. We cannot start treating the output of neural networks as facts. These are error prone black-boxes and that fact must be driven hard into the consciousness of every living person.

For some, I'm sure purely unrelated reason, I feel like reading Phillip K Dick again...

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[–] 31337 17 points 5 months ago* (last edited 5 months ago) (10 children)

Wary of the bill. Seems like every bill involving stuff like this is either designed to erode privacy or for regulatory capture.

Edit: spelling

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[–] [email protected] 16 points 5 months ago (41 children)

Is it CSAM if it was produced by AI?

[–] [email protected] 28 points 5 months ago* (last edited 5 months ago) (2 children)

It should be considered illegal if it was used to harm/sexually abuse a child which in this case it was.

Whether it should be classed as CSAM or something separate, I tend to think probably something separate as a revenge porn type law that still allows for distinguishing between this and say a girl whose uncle groomed and sexually abused her while filming it as while this is awful it can (and often does seem) be the product of foolish youth rather than the offender and those involved all being very sick, dangerous, and actually violent offending adult pedophiles victimizing children.

Consider the following:

  1. Underage girl takes a picture of her own genitals, unfortunately classified as the unhelpful and harmful term "child porn" and she can be charged and registered as a sex offender but it's not CSAM and -shouldn't- be considered illegal material or a crime (though it is because the west has a vile fixation on puritanism which hurts survivors of childhood sexual trauma as well as adults).

  2. Underage girl takes a picture of her genitals and sends it to her boyfriend, again /shouldn't/ be CSAM (unfortunately may be charged similarly), she consented and we can assume there wasn't any unreasonable level of coercion. What it is unfortunately is bound by certain notions of puritanism that are very American.

  3. From 2, boyfriend shares it with other boys, now it's potentially CSAM or at the least revenge porn of a child as she didn't consent and it could be used to harm her but punishment has to be modulated with the fact the offender is likely a child himself and not fully able to comprehend his actions.

  4. Underage boy cuts out photo of underage girl he likes, only her face and head, glues it atop a picture of a naked porn actress, maybe a petite one and uses it for his own purposes in private. Not something I think should be classed as CSAM.

  5. Underage boy uses AI to do the same as above but more believably, again I think it's kind of creepy but if he keeps it to himself and doesn't show anyone or spread it around it's just youthful weirdness though really he probably shouldn't have easy access to those tools.

  6. Underage boy uses AI to do same as 4-5 but this time he spread it around, defaming the girl, she/her friends find out, people say mean things about her, she has to go to school with a bunch of people who are looking and pleasuring themselves to fake but realistic images of herself against her consent which is violating and makes one feel unsafe. Worse probably being bullied for it, mean things, called the s-word, etc.

Kids are weird and do dumb things though unfortunately boys especially in our culture have a propensity to do things that hurt girls far more than the inverse to the point it's not even really worth talking about girls being creepy or sexually abusive towards peer-aged boys in adolescence and young adulthood. To address this though you need to address patriarchy and misogyny on a cultural level, teach boys empathy and respect for girls and women and frankly do away with all this abusive pornography that's super prevalent and popular which encourages and perpetuates abusive actions and mentalities towards women and girls, this will never happen in the US however because it's structurally opposed to being able to do such a thing. Also couldn't hurt to peel back the stigma and shame around sexuality and nudity in the US which stems from its reactionary Christian culture but again I don't think that will ever happen in the US as it exists, not this century anyways.

Obviously not getting into adults here as that doesn't need to be discussed, it's wrong plain and simple.

Bottom line I think is companies need to be strongly compelled to quickly remove revenge-porn type stuff (regardless of the age of the victim though children can't deal with this kind of thing as well as adults so the risk of suicide or other self-harm is much higher so it should be treated as higher priority) which this definitely is. It's abusive and unacceptable and they should fear the credit card companies coming down on them hard and destroying them if they don't aggressively remove it and ban it and report those sharing it. It should be driven off the clear-web once reported, there should be an image-hash data-set like that used for CSAM (but separate) for such things and major services should use it to stop the spread.

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[–] [email protected] 27 points 5 months ago (20 children)

In this case, yes. Visually indistinguishable from a photo is considered CSAM. We don't need any new laws about AI to get these assholes. Revenge porn laws and federal CSAM statutes will do.

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[–] [email protected] 11 points 5 months ago* (last edited 5 months ago)

i believe in the US for all intents and purposes, it is, especially if it was sourced from a minor, because you don't really have an argument against that one.

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[–] [email protected] 11 points 5 months ago

why do i get the gut feeling that this is going to be an utter clusterfuck of a mess.

Hopefully i'm wrong.

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