If a middle school student in California were to share a nude photo of a classmate without consent, they could potentially face prosecution under state laws related to child pornography and disorderly conduct. However, if the photo is an AI-created deepfake, the application of any state law becomes uncertain.
This presents a dilemma for the Beverly Hills Police Department as they look into a group of students from Beverly Vista Middle School who allegedly shared photos of classmates that had been altered using an artificial intelligence-powered app. The images reportedly featured real faces of students superimposed on AI-generated nude bodies.
Lt. Andrew Myers, a spokesperson for the Beverly Hills police, confirmed that no arrests have been made yet and the investigation is ongoing.
The Superintendent of the Beverly Hills Unified School District, Michael Bregy, stated that the district’s investigation is nearing completion. However, details regarding the disciplinary action taken, the number of students involved, or their grade level were not disclosed.
Bregy called on Congress to prioritize the safety of children in the US, emphasizing the potential dangers of unregulated technology like AI and social media.
The question of whether the distribution of fake nude images constitutes a criminal offense is complicated by the use of AI technology. While federal law prohibits computer-generated images of identifiable individuals in the context of child pornography, its application in AI-generated content has yet to be tested in court.
In California, the child pornography law does not specifically address artificially generated images, instead focusing on images that depict individuals under 18 years engaging in or simulating sexual conduct.
Legal experts, such as criminal defense attorney Joseph Abrams, argue that since AI-generated nudes do not feature real individuals, they may be considered child erotica rather than child pornography under current statutes.
Abrams highlighted the need for legal clarity in addressing such issues as AI technology continues to advance.
Kate Ruane, from the Center for Democracy & Technology, pointed out that while early versions of digitally altered child abuse images involved superimposing a child’s face on another body, newer “undresser” apps generate entirely fake bodies to accompany real faces, posing legal questions that need to be addressed.
Despite the complexities, Ruane argues that the intent of protecting children from harm, which underpins child pornography laws, should still apply to AI-generated explicit material.
The determination of whether images constitute “sexually explicit conduct” under existing laws is crucial, as it typically refers to acts like intercourse or lewd exhibitions of a child’s private parts.
Since the courts consider multiple factors in determining lasciviousness, evaluating AI-altered images may prove challenging, especially if the original content was not inherently sexual.
Johnson from the Rape, Abuse & Incest National Network highlighted the importance of considering the context and content of the altered images in determining their legal implications.
The focus isn’t solely on nude photos, as the intent and impact of the images are also significant factors in determining whether a crime has been committed.
The involvement of children in such cases does not exempt them from legal consequences, as possessing or distributing child pornography is prohibited regardless of age.
Efforts are being made at both state and federal levels to address gaps in the law related to generative AI, with proposed bills aiming to expand prohibitions on child porn possession and nonconsensual distribution to AI-generated content.
Members of Congress are also considering proposals to enhance criminal and civil penalties for the dissemination of AI-generated intimate imagery without consent.
At a recent school board meeting, concerns were raised about the impact of technology on children’s behavior and safety, highlighting the need for parental involvement and regulation of device use.
Board members expressed outrage over the incident involving AI-generated nudes and stressed the importance of creating a safe environment for students both in and out of school.
Parents were urged to monitor their children’s online activities and be vigilant about the potential risks posed by unchecked technology.
Board members emphasized the need for stronger partnerships between schools, families, and students to address the challenges posed by rapidly evolving technology.
