I wrote to the rep and explained my concerns. I wholeheartedly agreed with the intent of the law, but the code was buggy. To my surprise, he wrote back in horror to say he hadn’t considered that and pulled the bill immediately. I’m proud of having done that.
I’m 100% pro yeeting child pornographers into the sun. I still don’t want to throw kids in prison or remove all traces of a right to privacy in our haste to sun-yeet them.
The one messy corner of this is the "strict liability" for this type of material. An underage kid can take a nude photo, send it to an adult, and then the adult can criminally liable for just having it, even if he deleted it as soon as he saw it. Either both parties involved in handing something for which there is "strict liability' need to be held accountable, or "strict liability" has to be changed so a person isn't liable if he deletes or reports the material as soon as he first becomes aware of it. And this isn't likely to happen because it would provide a plausible defense for every one criminally charged.
AFAIK that's more or less how it works today as a practical matter. The law recognizes this situation as an affirmative defense, but does not make it impossible to be charged.
To be an affirmative defense it has to be reported immediately or destroyed, constitute three images or less, and not be sent to anyone [other than law enforcement]. Interestingly, NCMEC doesn't necessarily count for that -- if you find yourself in this situation and you want to report something, call your local police.
I'm sure smarter people than me have sussed this out and can explain why it's a good thing, but it sits wrong with me. We can put the subject matter aside for a second: I don't think I could convict someone for having something happen to them, regardless of what the law says. Let's say drug possession was a strict liability law (and maybe it is for all I know). Finding a baggy of meth on the corner of a farmer's lot would mean that, technically, he was guilty of possession and had to prove that it wasn't really is. That's nuts. And looping back to the subject at hand, if the only evidence that someone possessed CSAM was their email inbox, without proof that it was solicited? They want me on their jury.
There should never be a circumstance where someone can't report something that happened to them to the police without a legitimate fear of being arrested. That's bad for the person, and it's bad for society.
But if their hard drive has folders grouped by age or something, prepare the solar catapult.
While on statistics, I wonder, are there reliable statistics about child abuse of different types? Studying correlations with other social metrics, like sex education, liberal/conservative, policies regarding prostitution, and others can provide support for/against decisions.
Not that I hope these will impact people's and governments' choices, but I want to challenge my intuitions.
Why would some adults find kids sexually attractive? Is it abusive/aggressive behavior manifesting itself in sexuality? Or is it sexuality channeled in the wrong direction? If it's the second, is it out of desperation, and would happen less if the culture makes it easier for them to satisfy their needs with adults, or would it happen regardless? On the victim's side, are the shy and less social ones more in danger, or the socially active ones? From my social scientist friends I hear a lot that most child sexual abuse is domestic. What are measures that a society can take to prevent these, without turning the society into a surveillance state, which will ultimately harm everyone more, including the children? What can be done to make sure children speak up, so that such behavior is dealt with at the beginning (and maybe while the more terrible things have not happened yet), and not turn into a multi-year childhood trauma?
What are signs (and early signs) on the abuser's side and the child's side? How to deal with these signs?
After having watched what would probably be hundreds (across the US and UK), you start to see some patterns on offenders:
- The ones that are obviously mentally ill/brain development issues - they're adults but act and talk like a child. With some of the interactions with this cohort, some/many don't even realise what they're doing is wrong.
- The ones that seem ok from a developmental perspective, but are physically undesirable from societal norms and don't have a legal outlet - whether that's because of looks/weight/age/disabilities etc. This is where you see many old married men - probably not being fulfilled at home.
- The ones that have a fetish for a type and will go to any lengths after not being able to fulfil this legally (this is where, I think, immigrants over-index: they have a fetish for 'white' women, and can't fulfil their desires legally, so try with the most vulnerable)
- The ones that seem mentally and physically ok, but you can glean from their interactions that they are cold-blooded, ruthless, know what they're doing is wrong. These are the ones that take many calculated steps to cover their trails. When caught, they show barely any regret, and when they do, it's only regret because they were caught.
Then obviously I think there's a class of them that don't come up on these sites, but we can get a glimpse of it from the likes of the Epstein files. The rich. The famous. The ones that think they can do whatever they want. How pervasive this is in society is anyone's guess, but it seems like there is a dark underworld for this class. A Netflix documentary comes to mind about two boys who were trafficked by their parents to wealthy elites in the UK.
The real question is what happens when a horny teenager sends another a nude. There definitely have been insane cases where they get stitched up for creating child porn. I don't know if that's the normal outcome today though.
It was not a tool to identify private images as being underage. That’s an impossible task.
Just ask the dad who was investigated for taking pictures of his toddler for the doctor: https://www.koffellaw.com/blog/google-ai-technology-flags-da...
In theory, modern vision language models could classify human nudity and sexual activity very thoroughly. But every model I have tried is reluctant to clearly describe what is notable about sexualized/nude images. The models are deliberately under-exposed to nude and sexualized content during training and further RLHF'd away from generating straightforward descriptions of such images.
Models also occasionally hallucinate WTF captions for ordinary adult sexual activity. I recently ran a baseline test with frames extracted from adult videos and about 1/3000 frames was mis-captioned as involving a child according to Gemma 4 12b.
I don’t have any ideas for a solution, but I suspect that the heightened focus on CSAM is really compensating for the fact that we don’t have solutions for revenge porn.
The only way I can see this working is that people in explicit images need to publicly declare their intent for who can see the images (maybe a hash of the image content and the name of the person who can see that content) and then when the courts prosecute revenge porn the intent can be referenced to see if it was meant to be shared or not. There are still issues in that there is no proof that the person being accused of revenge porn actually distributed the images vs the defendant actually sending the images to other, or the image was leaked by a hack.
I think the best thing we can do is try and educate teens on the dangers of revenge porn like we do on the consequences of having sex. We cannot stop teens from having sex or taking nudes, but we can at least try to educate them as best we can.
Our legal systems are not built to deal with that mess, and it may hang around your neck for the rest of your life. Unfortunately, the law is very explicit, leaving barely any avenue for the courts to drag us out of the mess, and politicians - even if they are actually interested in the topic in the first place - won't touch that area with a ten foot pole for fear of getting blamed a pedophile themselves.
[1] https://www.n-tv.de/panorama/KI-treibt-Jugendporno-Fallzahle...
I'm questioning the parent post's contention that the "vast majority" of CSAM falls into this bucket.
Yes, poor and unprivileged children can't really defend themselves here, but this is the system working to find some legal mechanism to do what it can, as a more powerful force. Protecting people from exploitation is a good use of government. If this was shot down for legal reasons, OK, the system is working and I hope there is a way to expand protections that fits into our system.