The Seventh Circuit recently affirmed the dismissal of one criminal charge for possession of child sexual abuse material (CSAM) that was AI-generated, meaning it did not involve real children. The court of appeals held, that under the Supreme Court’s decision in Stanley v. Georgia and Ashcroft v. Free Speech Coalition, the government’s reasons to justify criminalizing such virtual (or fake) CSAM were the same reasons the Supreme Court rejected in Free Speech Coalition.
The case is likely to reach the Supreme Court.
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