Hot take: yes. All art exists in a social context, and if the social context of your art is “this is a child and they are sexualized” then your art should be considered CSAM. Doesn’t matter if it’s in an anime style, a photorealistic style, or if it’s a movie where the children are fully clothed for the duration but are sexualized by the director as in Cuties - CSAM, CSAM, CSAM.
there cannot be developed a scale or spectrum to judge where the fake stops and real starts
Ah, but my definition didn’t at all rely on whether or not the images were “real” or “fake”, did it? An image is not merely an arrangement of pixels in a jpeg, you understand - an image has a social context that tells us what it is and why it was created. It doesn’t matter if there were real actors or not, if it’s an image of a child and it’s being sexualized, it should be considered CSAM.
And yes I understand that that will always be a subjective judgement with a grey area, but not every law needs to have a perfectly defined line where the legal becomes the illegal. A justice system should not be a computer program that simply runs the numbers and delivers an output.
The same people that should judge every criminal proceeding. Of course it’s not going to be perfect, but this is a case of not letting perfect be the enemy of good. Allowing generated or drawn images of sexualized children to exist has external costs to society in the form of normalizing the concept.
The argument that making generated or drawn CSAM illegal is bad because the feds might plant such images on an activist is incoherent. If you’re worried about that, why not worry that they’ll plant actual CSAM on your computer?
How many times can I say “social context” before you grok it? There’s a difference between a picture taken by a doctor for medical reasons and one taken by a pedo as CSAM. If doctors and parents are being nailed to the cross for totally legitimate images then that strikes me as evidence that the law is too rigid and needs more flexibility, not the other way around.
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Hot take: yes. All art exists in a social context, and if the social context of your art is “this is a child and they are sexualized” then your art should be considered CSAM. Doesn’t matter if it’s in an anime style, a photorealistic style, or if it’s a movie where the children are fully clothed for the duration but are sexualized by the director as in Cuties - CSAM, CSAM, CSAM.
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Ah, but my definition didn’t at all rely on whether or not the images were “real” or “fake”, did it? An image is not merely an arrangement of pixels in a jpeg, you understand - an image has a social context that tells us what it is and why it was created. It doesn’t matter if there were real actors or not, if it’s an image of a child and it’s being sexualized, it should be considered CSAM.
And yes I understand that that will always be a subjective judgement with a grey area, but not every law needs to have a perfectly defined line where the legal becomes the illegal. A justice system should not be a computer program that simply runs the numbers and delivers an output.
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The same people that should judge every criminal proceeding. Of course it’s not going to be perfect, but this is a case of not letting perfect be the enemy of good. Allowing generated or drawn images of sexualized children to exist has external costs to society in the form of normalizing the concept.
The argument that making generated or drawn CSAM illegal is bad because the feds might plant such images on an activist is incoherent. If you’re worried about that, why not worry that they’ll plant actual CSAM on your computer?
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How many times can I say “social context” before you grok it? There’s a difference between a picture taken by a doctor for medical reasons and one taken by a pedo as CSAM. If doctors and parents are being nailed to the cross for totally legitimate images then that strikes me as evidence that the law is too rigid and needs more flexibility, not the other way around.