U.S. Appeals Court rules First Amendment protects AI-generated CSAM possession

First Amendment AI-generated CSAM 7th Circuit Court of Appeals Steven Anderegg free speech protections

A federal appeals court ruling has established that the First Amendment protects the possession of AI-generated child sexual abuse material (CSAM) in the home, provided the images do not depict a real child.

The decision by the U.S. Court of Appeals for the 7th Circuit stems from a case involving Steven Anderegg, a software engineer accused of creating and possessing hyper-realistic AI-generated CSAM. Anderegg also allegedly sent such material to a minor via Instagram direct messages.

The court's decision relies on Supreme Court precedents, including the 1969 case Stanley v. Georgia, which protects the right to possess obscene material within a private residence. However, the panel of judges expressed significant discomfort with the conclusion given the technological advancements in generative AI.

Judges John Z. Lee and Joshua P. Kolar signaled to the Supreme Court that it may need to reconsider existing precedents to provide guidance on the intersection of free speech and virtual CSAM.

Entities

Instagram · Mary Anne Franks · Steven Anderegg · Supreme Court of the United States · U.S. Court of Appeals for the 7th Circuit

Claims

What the coverage asserts, and how many sources carry each claim.

[○ 1 SOURCE] The ruling relies on the 1969 Supreme Court precedent Stanley v. Georgia regarding the right to possess obscene material in the home. ipaddisti.it
[● 2 SOURCES] The appellate judges signaled to the Supreme Court that it should reconsider existing precedents regarding virtual CSAM. sea.mashable.com · mashable.com
[● 3 SOURCES] The case involved software engineer Steven Anderegg, who was accused of creating hyper-realistic AI-generated CSAM. ipaddisti.it · sea.mashable.com · mashable.com
[● 3 SOURCES] Anderegg allegedly sent the AI-generated material to a minor via Instagram direct messages. ipaddisti.it · sea.mashable.com · mashable.com
[● 3 SOURCES] The First Amendment protects the possession of AI-generated child sexual abuse material in the home if it does not depict a real child. ipaddisti.it · sea.mashable.com · mashable.com

Sources

AI-generated child sexual abuse material and free speech protections clash in court ruling [ipaddisti.it]

7 days ago

How AI child sexual abuse material is colliding with free speech protections [me.mashable.com]

7 days ago

How AI child sexual abuse material is colliding with free speech protections [sea.mashable.com]

7 days ago

I Used to Share Photos of My Daughter Online. Horrifying AI Data Has Made Me Stop [www.marieclaire.co.uk]

5 days ago

A man accused of possessing AI-generated CSAM had his charge tossed. Here's why. [mashable.com]

7 days ago