4 ms·

Sharing Fake Nude Images Could Become a Federal Crime Under Proposed Law

3 points by elsewhen 3y ago

elsewhen 3y ago
https://archive.is/E75DG https://archive.is/E75DG
elmerfud 3y ago
This is going to have some serious problems with that pesky first amendment. It will need to be very narrowly tailored to serve a significant government interest. Even if the claim was made that is defamation because it's passing off something that didn't happen as having had happened, there's a pretty easy work around. Just label it as not real and can fall in to satire which is protected. That it's being done with the "for the kids" mantra should be the biggest red flag that it's a problematic piece of legislation.
- quantified 3y ago
  The gradient of faked overtly sexual images to images created by other means, being less overtly sexual, or not appearing photorealistic will be a nightmare. Is it forbidden if it's anime style? What posing or props make it ok or not ok? How is AI-generated different from hand-drawn? And is it defamation if the fake is more attractive than the original?
  - elmerfud 3y ago
    Defamation usually rest upon the reasonable person standard. Should a reasonable person read or see this information would they believe that it's true when in fact it is not. A suitably modified image could fool a reasonable person into believing it was true and harm the reputation of another. Of course satire is protected or labeling it as not true therefore a reasonable person could not believe that it was true. One of the problems is is there's no unified standard as the supreme Court has not heard of many cases that delve into this especially in relation to underage or possibly underage images. Of the cases that they usually hear when it is not in fact a real thing they usually strike the statue down as being overly broad. There are other cases that they just flat out refuse to hear and therefore the lower courts rulings will stand. Lower courts are influenced much more by local community standards which can vary depending on which part of the country you're in. Overall I really think this is more of a growing pains of a society and we should focus on maturing as a society more than trying to restrict behaviors with Draconian laws.

3 points by elsewhen 3y ago

https://archive.is/E75DG https://archive.is/E75DG

This is going to have some serious problems with that pesky first amendment. It will need to be very narrowly tailored to serve a significant government interest. Even if the claim was made that is defamation because it's passing off something that didn't happen as having had happened, there's a pretty easy work around. Just label it as not real and can fall in to satire which is protected. That it's being done with the "for the kids" mantra should be the biggest red flag that it's a problematic piece of legislation.

quantified 3y ago
The gradient of faked overtly sexual images to images created by other means, being less overtly sexual, or not appearing photorealistic will be a nightmare. Is it forbidden if it's anime style? What posing or props make it ok or not ok? How is AI-generated different from hand-drawn? And is it defamation if the fake is more attractive than the original?
- elmerfud 3y ago
  Defamation usually rest upon the reasonable person standard. Should a reasonable person read or see this information would they believe that it's true when in fact it is not. A suitably modified image could fool a reasonable person into believing it was true and harm the reputation of another. Of course satire is protected or labeling it as not true therefore a reasonable person could not believe that it was true. One of the problems is is there's no unified standard as the supreme Court has not heard of many cases that delve into this especially in relation to underage or possibly underage images. Of the cases that they usually hear when it is not in fact a real thing they usually strike the statue down as being overly broad. There are other cases that they just flat out refuse to hear and therefore the lower courts rulings will stand. Lower courts are influenced much more by local community standards which can vary depending on which part of the country you're in. Overall I really think this is more of a growing pains of a society and we should focus on maturing as a society more than trying to restrict behaviors with Draconian laws.