The Federal Bureau of Investigation (FBI) recently issued a public service announcement concerning child sexual abuse material (CSAM) created by generative artificial intelligence (AI) and other online tools.
Generative AI and other similar technologies have become widely available and are being used to create realistic-looking, sexually-explicit images from text prompts.
In one recent case, a child psychiatrist in North Carolina was sentenced to 40 years in prison and 30 years of supervised release after "the psychiatrist used a web-based AI application to alter images of actual, clothed minors into CSAM."
In another case, a Pennsylvania man was convicted of possessing modified CSAM of child celebrities. The photographs "digitally superimposed the faces of child actors onto nude bodies and bodies engaged in sex acts."
CSAM created with content manipulation tools, including generative AI, is illegal under federal law.
The FBI instructs individuals to report the production of CSAM, including AI generated material, to the National Center for Missing and Exploited Children (NCMEC) at 1-800-THE-LOST or online at www.cybertipline.com or to the FBI Internet Crime Complaint Center at www.ic3.gov. "Child Sexual Abuse Material Created by Generative AI and Similar Online Tools is Illegal" www.ic3.gov (Mar. 29, 2024).
Commentary
Under Section 2256 of Title 18, United States Code, "computer generated images indistinguishable from an actual minor" that depict "sexually explicit conduct involving a minor (someone under 18 years of age)" are illegal child pornography."
This could include a nude, sexually-suggestive image of a teenage classmate made by another teen, even if they both agree, because consent is not a defense to the possession or creation of CSAM. "Citizen's Guide To U.S. Federal Law On Child Pornography" www.justice.gov (Aug. 11, 2023).
The fact that images are altered does not make them any less damaging or illegal.
The FBI recommends safe adults monitor children's online activity and discuss the risks of sharing images, videos, and personal content online with children.
Use discretion when posting images and videos of children online and frequently search the internet for children's information to determine what is available online. Reverse image search engines can locate photos and videos that have been shared on the internet. "Malicious Actors Manipulating Photos and Videos to Create Explicit Content and Sextortion Schemes" www.ic3.gov (Jun. 05, 2023).
