US judge ruled AI-generated child sexual abuse material is protected by First Amendment.

cross-posted from: https://piefed.world/c/tech/p/1368970/judge-ruled-ai-generated-child-sex-abuse-material-is-protected-by-first-amendment

reason.com/volokh/2026/08/27/home-possession-of-ai-generated-porn-depicting-fake-children-remains-constitutionally-protected-seventh-circuit-rules/

So you can generate it but not be in possession of it?

You can’t have training data for it I guess? But then the model maker would have to break the law to even make it of course so you can’t even use that model without some laws being broken down the line. Then again virtually all models should be illegal because of that. I feel like there is a lot of legislation to be done here because the whole industry is rotten to the core.

The idea that CSAM is used in training data is largely discredited. An AI doesn't need to have actual images of nude children to generate CSAM; it knows what humans look like naked, and it knows what children look like - it fills in the gaps from there.

There was an article the other day saying that Grok used CSAM as training data.

arstechnica.com/…/elon-musks-xai-used-child-porn-…