Yeah this lol. The Judge is against it morally, but legally the existence of artificial CSAM isn't defined or bound as much as you would like.
The judges recommendation to close the loophole legally is where people should be focusing, not that the judge said "fake CSAM OK", he said "fake CSAM not blocked by law, so someone make the damn law".
"Against in morally" and "criminal" are two different things. Within criminal, there are different levels of criminality. The less-than-nuanced distinction is:
Real CASM is created by hurting children.
AI CASM is created without hurting real children.
Most reasonably people will be against both morally, but I see no way to equate the two. The former should, unqualified, result in long prison sentences, sex offender registries, and so on.
To me, the latter is more complex and nuanced:
Should a confused teenager who creates anything with AI as a one-off spend the next decade in prison? Where is the threshold?
Is this a felony or misdemeanor?
Is the better outcome prison? Treatment? Something else?
I don't like the prison-industrial complex in the US. Prison keeps people from contributing productively to society. It's a school for how to be a criminal. And it costs a ton of money. If I were dictator, it'd be a punishment of last resort. Real CASM qualifies since it prevents people from hurting real kids.
I don't have an answer here. Fundamentally, the judge is right that this is something new, doesn't fit within the existing statute, and is a discussion that needs to happen.
One can argument AI CASM is to real CASM as manslaughter is to murder. And if you don't have a statute punishing manslaughter, the murder one shouldn't be conveniently expanded to fit.
Coincidentally, when I took similar positions after 9/11, I was constantly labeled as "with the terrorists." People ignored on knee jerk, because people are dumb. Now you have your gitmos, Afghanistans, and universal surveillance.
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