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It's hard to say that changed anything. Obscenity is a notoriously thorny subject in American constitutional law. The legal test for determining obscenity[0] is
by justinlardinois 10y ago
It's hard to say that changed anything. Obscenity is a notoriously thorny subject in American constitutional law. The legal test for determining obscenity[0] is highly subjective and in the context of the internet very difficult to apply.
[0] https://en.wikipedia.org/wiki/Miller_test https://en.wikipedia.org/wiki/Miller_test
- Normal_gaussian 10y agoHighlights from: https://en.wikipedia.org/wiki/Miller_test https://en.wikipedia.org/wiki/Miller_test The test: * Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, * Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law, * Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. Also: Critics of obscenity law argue that defining what is obscene is paradoxical, arbitrary, and subjective. --- I think it would be hard to not find generated child porn obscene by this test, unless you have a good lawyer, at which point there is plenty of wiggle room.
- justinlardinois 10y agoI think the technical feats involved in creating such a text-to-image program might allow a talented laywer to make an argument for scientific value. There's also the issue that "contemporary community standards" are hard to determine, because what community you're talking about is hard to determine.