He allegedly used Stable Diffusion, a text-to-image generative AI model, to create “thousands of realistic images of prepubescent minors,” prosecutors said.
Consent is certainly important, but they don’t need your consent if the image was obtained legally and thus subject to fair use, or if you gave them permission in the past.
That’s why it’s not illegal to call someone a slut (even though that also damages reputation)
It can be, if that constitutes defamation or libel. A passing statement wouldn’t, but a post on a popular website absolutely could. It all comes down to the damages that (false) statement caused.
What if the recording was made without the person’s consent. Say someone records their one night stand without the other person’s knowledge but they don’t share it with anyone. Should that be illegal?
That depends on whether there was a reasonable expectation of privacy. If it’s in public, there’s no reasonable expectation of privacy.
In general, I’d say intimacy likely occurs somewhere with a reasonable expectation of privacy, at which point it would come down to consent (whether implied or explicit).
It can be, if that constitutes defamation or libel. A passing statement wouldn’t, but a post on a popular website absolutely could. It all comes down to the damages that (false) statement caused.
If the person is a slut it wouldn’t be libel but it would still damage reputation. The person being a slut is true but calling them one still damages their reputation. If you release a home made video of a pornstar it would still be illegal even though it’s not something that would damage their reputation.
The reason for the illegality is the lack of consent not the reputation damage.
That depends on whether there was a reasonable expectation of privacy. If it’s in public, there’s no reasonable expectation of privacy.
Even in a 1 party consent state recording someone while you are having intercourse with them is illegal without their consent, because we make exceptions for especially sensitive subjects such as sex.
To go along with that I also believe that people who uploaded photos of themselves/their children did not consent to having their photos used to make sexual content. If they did it would be another matter to me entirely.
Edit: I also would like to say (and I really am sorry for bringing them into this) but from what you said you think it would be okay (not socially acceptable but okay/fine) for someone to take pictures of your kids while they’re at the park and use that to make porn. Really think about that. Is that something you think should be allowed? Imagine someone taking pictures of them at walmart and you ask what they’re doing and they straight up tell you “I like how they look I’m going to add them to my training data to make porn, don’t worry though I’m not sharing it with anyone” and you could do jack shit about it without facing legal consequences yourself. You think that is okay?
If the person is a slut it wouldn’t be libel but it would still damage reputation
Sure, in which case the person wouldn’t legally be a victim. It’s completely legal to tell the truth.
But that strays a bit from the point. Making fake porn of someone is a false reputation of that person’s character, and thus illegal, but only if it actually causes damages to reputation (i.e. you distribute it). Or at least that’s the line of argumentation I think someone would use in states where “revenge porn” isn’t explicitly illegal.
Even if the person is a porn star, the damage is that the porn is coming from somewhere other than the approved channels, thus the damages. Or maybe it’s lost sales. Regardless, there are actual, articulable damages.
The reason for the illegality is the lack of consent not the reputation damage.
Maybe in states where it’s expressly illegal. I’m talking more from a theoretical standpoint where there isn’t an explicit law against it.
If there’s no explicit law, tht standard is defamation/libel or violation of a reasonable expectation of privacy.
we make exceptions for especially sensitive subjects such as sex.
That’s the reasonable expectation of privacy standard (that applies inside houses when in bedrooms, bathrooms, etc, even if it’s not your house). If you’re doing it in public, there’s no reasonable expectation of privacy, so I think a court would consider filming in that context to be legal.
Then again, this could certainly vary by jurisdiction.
I also believe that people who uploaded photos of themselves/their children did not consent to having their photos used to make sexual content
They don’t need to consent for any use, if it’s made available for personal use, then any individual can use it for personal use, even if that’s sexual content. As long as they don’t distribute it, they’re fine to use it as they please.
If you want control over how how content is used, don’t make it available for personal use.
but from what you said you think it would be okay
Yes. I certainly don’t want them to do that, but I really don’t want to live in a society with the surveillance necessary to prosecute such a law. Someone being creepy with pictures of my kids is disgusting, but it honestly doesn’t hurt me or my kids in any way, provided they don’t share those images with anyone.
So yes, I think it’s a necessary evil to have the kinds of privacy protections I think are valuable to have in a free society. Freedom means letting people do creepy things that don’t hurt anyone else.
Even if the person is a porn star, the damage is that the porn is coming from somewhere other than the approved channels, thus the damages
The damages would be the mental harm done to the victim. Most porn stars have content available for free so that wouldn’t be a reason for damages
That’s the reasonable expectation of privacy standard (that applies inside houses when in bedrooms, bathrooms, etc, even if it’s not your house). If you’re doing it in public, there’s no reasonable expectation of privacy, so I think a court would consider filming in that context to be legal.
The expectation of privacy doesn’t apply to one party consent States but they still can’t record sexual activities of someone without their consent
If you want control over how how content is used, don’t make it available for personal use.
I don’t think people who uploaded pictures on Facebook consider that making it available for personal use
I really don’t want to live in a society with the surveillance necessary to prosecute such a law.
Did i say anything about surveillance? Just because something is made illegal doesn’t make it actively pursued, it just makes it so if someone gets caught doing it or gets reported doing it they can be stopped. Like you’d be able to stop the person from doing that to your children. Or if someone gets their house raided for something else they can be charged for it. Not every person who has real csam creates it or shares it, many times they just get caught by another charge then it gets found. Or the geek squad worker sees it on their computer and reports them.
It would give people avenues to stop others from using photos of their children in such a way. You wouldn’t need any extra surveillance
Freedom means letting people do creepy things that don’t hurt anyone else.
Do you think it’s okay for someone to have real csam? Let’s say the person who made it was properly prosecuted and the person who has the images/videos don’t share it, they just have it to use. Do you think that’s okay?
Consent is certainly important, but they don’t need your consent if the image was obtained legally and thus subject to fair use, or if you gave them permission in the past.
It can be, if that constitutes defamation or libel. A passing statement wouldn’t, but a post on a popular website absolutely could. It all comes down to the damages that (false) statement caused.
That depends on whether there was a reasonable expectation of privacy. If it’s in public, there’s no reasonable expectation of privacy.
In general, I’d say intimacy likely occurs somewhere with a reasonable expectation of privacy, at which point it would come down to consent (whether implied or explicit).
If the person is a slut it wouldn’t be libel but it would still damage reputation. The person being a slut is true but calling them one still damages their reputation. If you release a home made video of a pornstar it would still be illegal even though it’s not something that would damage their reputation.
The reason for the illegality is the lack of consent not the reputation damage.
Even in a 1 party consent state recording someone while you are having intercourse with them is illegal without their consent, because we make exceptions for especially sensitive subjects such as sex.
To go along with that I also believe that people who uploaded photos of themselves/their children did not consent to having their photos used to make sexual content. If they did it would be another matter to me entirely.
Edit: I also would like to say (and I really am sorry for bringing them into this) but from what you said you think it would be okay (not socially acceptable but okay/fine) for someone to take pictures of your kids while they’re at the park and use that to make porn. Really think about that. Is that something you think should be allowed? Imagine someone taking pictures of them at walmart and you ask what they’re doing and they straight up tell you “I like how they look I’m going to add them to my training data to make porn, don’t worry though I’m not sharing it with anyone” and you could do jack shit about it without facing legal consequences yourself. You think that is okay?
Sure, in which case the person wouldn’t legally be a victim. It’s completely legal to tell the truth.
But that strays a bit from the point. Making fake porn of someone is a false reputation of that person’s character, and thus illegal, but only if it actually causes damages to reputation (i.e. you distribute it). Or at least that’s the line of argumentation I think someone would use in states where “revenge porn” isn’t explicitly illegal.
Even if the person is a porn star, the damage is that the porn is coming from somewhere other than the approved channels, thus the damages. Or maybe it’s lost sales. Regardless, there are actual, articulable damages.
Maybe in states where it’s expressly illegal. I’m talking more from a theoretical standpoint where there isn’t an explicit law against it.
If there’s no explicit law, tht standard is defamation/libel or violation of a reasonable expectation of privacy.
That’s the reasonable expectation of privacy standard (that applies inside houses when in bedrooms, bathrooms, etc, even if it’s not your house). If you’re doing it in public, there’s no reasonable expectation of privacy, so I think a court would consider filming in that context to be legal.
Then again, this could certainly vary by jurisdiction.
They don’t need to consent for any use, if it’s made available for personal use, then any individual can use it for personal use, even if that’s sexual content. As long as they don’t distribute it, they’re fine to use it as they please.
If you want control over how how content is used, don’t make it available for personal use.
Yes. I certainly don’t want them to do that, but I really don’t want to live in a society with the surveillance necessary to prosecute such a law. Someone being creepy with pictures of my kids is disgusting, but it honestly doesn’t hurt me or my kids in any way, provided they don’t share those images with anyone.
So yes, I think it’s a necessary evil to have the kinds of privacy protections I think are valuable to have in a free society. Freedom means letting people do creepy things that don’t hurt anyone else.
The damages would be the mental harm done to the victim. Most porn stars have content available for free so that wouldn’t be a reason for damages
The expectation of privacy doesn’t apply to one party consent States but they still can’t record sexual activities of someone without their consent
I don’t think people who uploaded pictures on Facebook consider that making it available for personal use
Did i say anything about surveillance? Just because something is made illegal doesn’t make it actively pursued, it just makes it so if someone gets caught doing it or gets reported doing it they can be stopped. Like you’d be able to stop the person from doing that to your children. Or if someone gets their house raided for something else they can be charged for it. Not every person who has real csam creates it or shares it, many times they just get caught by another charge then it gets found. Or the geek squad worker sees it on their computer and reports them.
It would give people avenues to stop others from using photos of their children in such a way. You wouldn’t need any extra surveillance
Do you think it’s okay for someone to have real csam? Let’s say the person who made it was properly prosecuted and the person who has the images/videos don’t share it, they just have it to use. Do you think that’s okay?