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Appeals court rules that Constitution protects possession of AI-generated CSAM
This will be the first criminal case involving AI, CSAM law, and the First Amendment to reach a federal appeals court, writes Riana Pfefferkorn.
Last May, a Wisconsin federal grand jury indicted a man, Steven Anderegg, for allegedly using Stable Diffusion to create obscene images of minors, then messaging them to a teenage boy on Instagram (prompting Meta to report his account to the CyberTipline). Finally, the government attempted to distinguish Stanley because (unlike the state law at issue there) Section 1466A requires an interstate or foreign commerce jurisdictional hook, and Anderegg allegedly possessed the images on a foreign-made laptop. The court’s ruling shows that even with the Stanley limitation on possession charges, the laws on the books equip the government with sufficient options to prosecute AI-CSAM without offending the First Amendment – even where, as here, the material is wholly AI-generated and does not depict a real child.
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