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IIUC, fake CSAM is also illegal.

by teddyh 4y ago

intrasight 4y ago
Correct. Differs from, for example, rules protecting cruelty to animals. You can fake such cruelty without consequence - as is done in movies regularly. More interesting question is this. Is it a crime if you generate CSAM just for ones own consumption?
- rootusrootus 4y ago
  > Is it a crime if you generate CSAM just for ones own consumption? Yep. If it isn't obviously fake (i.e. a cartoon) the possession is illegal whether you produce it yourself or not. Though it's probably safe to say that you're unlikely to get caught if you're not sharing those images with other people.
  - intrasight 4y ago
    What if it's in the "uncanny valley"? My point is that the courts are going to have a hard time with this.
    - rootusrootus 4y ago
      Well, the US law says "[when it] appears virtually indistinguishable [from the real deal]" (insert appropriate legal terminology on either end, but the three quoted words are the relevant bit. I think we're in agreement that the advancement of the technology is going to make this topic come back up for legal debate. When the gulf between CGI and real photography was large, it was pretty straightforward. Not so much now.
- Gigachad 4y ago
  I think the hard part is there is close to no way to know its fake. But you could also that if its so easy to fake photo realistic content, why would you ever make real content.
rootusrootus 4y ago
I believe that as of 2003 it has to be a realistic fake, however. Obvious cartoons are no longer illegal. I imagine it'll get challenged again at some point on constitutional grounds. It is illegal right now on a moral basis, which is probably the weakest argument over the long term.
- jwalton 4y ago
  > Obvious cartoons are no longer illegal. AFAIK they are still illegal in Canada.
dredmorbius 4y ago
I'm aware that Japanese lolicon in anime, manga, video games, and other contexts, is at least ... problematic ... in numerous areas. Several online sites have banned it, and on Mastodon and the Fediverse, there are often peer-level blocks against sites in which lolicon is permitted. Then name itself is a portmanteau of Lolita complex, after the Nabokov novel. https://en.wikipedia.org/wiki/Lolicon#Legality_and_censorship https://en.wikipedia.org/wiki/Lolicon#Legality_and_censorshi...
kingcharles 4y ago
Depends on jurisdiction. Not a huge amount of places have outlawed fake CSAM yet, but it is growing.

IIUC, fake CSAM is also illegal.

by teddyh 4y ago

IIUC, fake CSAM is also illegal.

Correct. Differs from, for example, rules protecting cruelty to animals. You can fake such cruelty without consequence - as is done in movies regularly. More interesting question is this. Is it a crime if you generate CSAM just for ones own consumption?

rootusrootus 4y ago
> Is it a crime if you generate CSAM just for ones own consumption? Yep. If it isn't obviously fake (i.e. a cartoon) the possession is illegal whether you produce it yourself or not. Though it's probably safe to say that you're unlikely to get caught if you're not sharing those images with other people.
- intrasight 4y ago
  What if it's in the "uncanny valley"? My point is that the courts are going to have a hard time with this.
  - rootusrootus 4y ago
    Well, the US law says "[when it] appears virtually indistinguishable [from the real deal]" (insert appropriate legal terminology on either end, but the three quoted words are the relevant bit. I think we're in agreement that the advancement of the technology is going to make this topic come back up for legal debate. When the gulf between CGI and real photography was large, it was pretty straightforward. Not so much now.
Gigachad 4y ago
I think the hard part is there is close to no way to know its fake. But you could also that if its so easy to fake photo realistic content, why would you ever make real content.

rootusrootus 4y ago

I believe that as of 2003 it has to be a realistic fake, however. Obvious cartoons are no longer illegal. I imagine it'll get challenged again at some point on constitutional grounds. It is illegal right now on a moral basis, which is probably the weakest argument over the long term.

jwalton 4y ago
> Obvious cartoons are no longer illegal. AFAIK they are still illegal in Canada.

dredmorbius 4y ago

I'm aware that Japanese lolicon in anime, manga, video games, and other contexts, is at least ... problematic ... in numerous areas. Several online sites have banned it, and on Mastodon and the Fediverse, there are often peer-level blocks against sites in which lolicon is permitted. Then name itself is a portmanteau of Lolita complex, after the Nabokov novel. https://en.wikipedia.org/wiki/Lolicon#Legality_and_censorship https://en.wikipedia.org/wiki/Lolicon#Legality_and_censorshi...

kingcharles 4y ago

Depends on jurisdiction. Not a huge amount of places have outlawed fake CSAM yet, but it is growing.