Sen. Fahy Introduces Legislation to Criminalize Possession of AI-Generated Child Sex Abuse Material
Senator Patricia Fahy (D—Albany) announced today she’s introducing legislation (S.XXXX/A.XXXX) to criminalize the possession of child sex abuse materials generated by artificial intelligence or digitization, following a Seventh Circuit Court panel ruling that said the First Amendment protects a person’s right to possess child sexual abuse photos and videos.
A three-judge panel considered charges brought against Steven Anderegg in United States v. Anderegg, which included offenses for producing, distributing, and possessing AI-generated child sex abuse material. They ruled that the First Amendment protects a person’s ability to possess AI-generated child sex abuse materials, so long as the material does not depict or resemble an actual person or child and hinges largely on existing Supreme Court precedent from a 2002 decision that considered a federal law prohibiting the possession of ‘virtual’ child sex abuse materials.
Specifically, the Seventh Circuit Court panel asked the Supreme Court to revisit the issue of AI-generated child sex abuse materials given the proliferation and explosive use of AI across our broader economy and society.





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