Yeah, no. The commenter has stated actual child, not cartoon one. It is a different discussion entirely, and a good one too. Because artwork is a part of freedom of expression. An artwork CAN be made without hurting anyone or abusing anyone. We fully know that a human has creative capabilities to come up with something without having those actual something exist beforehand. It implies that humans can come up with CSAM without ever having seen a CSAM.
What he probably means is that for a “photo”, an actual act of photography must be performed. While “artwork” can be fully digital. Now, legal definition aside, the two acts are indeed different even if the resulting “image” is a bit-by-bit equivalent. A computer could just output something akin to a photograph but no actual act of photography has taken place. I said the legal definition aside because I know the legal definition only looks at the resulting image. Just trying to convey the commenter words better.
But in seriousness, as you said they are models who are in the industry, verified, etc. It’s not impossible to have a white-list of actors, and if anything there should be more scrutiny on the unknown “actresses” portraying teenagers…
It’s not a difficult test. If a person can’t reasonably distinguish it from an actual child, then it’s CSAM.
Just to play devil’s advocate:
What about hentai where little girls get fondled by tentacles? (Please please please don’t make this be my most up voted post)
I can downvote to prevent that if you like
Yeah, no. The commenter has stated actual child, not cartoon one. It is a different discussion entirely, and a good one too. Because artwork is a part of freedom of expression. An artwork CAN be made without hurting anyone or abusing anyone. We fully know that a human has creative capabilities to come up with something without having those actual something exist beforehand. It implies that humans can come up with CSAM without ever having seen a CSAM.
Yeah but then it gets very messy and complicated fast. What about photo perfect AI pornography of minors? When and where do you draw the line?
What he probably means is that for a “photo”, an actual act of photography must be performed. While “artwork” can be fully digital. Now, legal definition aside, the two acts are indeed different even if the resulting “image” is a bit-by-bit equivalent. A computer could just output something akin to a photograph but no actual act of photography has taken place. I said the legal definition aside because I know the legal definition only looks at the resulting image. Just trying to convey the commenter words better.
Edit to clarify a few things.
This would also outlaw “teen” porn as they are explicitly trying to look more childlike as well as models that only appear to be minors.
I get the reason people think it’s a good thing but all censorship has to be narrowly tailored to content lest it be too vague or overly broad.
And nothing was lost…
But in seriousness, as you said they are models who are in the industry, verified, etc. It’s not impossible to have a white-list of actors, and if anything there should be more scrutiny on the unknown “actresses” portraying teenagers…
Except jobs dude, you may not like their work but it’s work. That law ignores verified age, that’s a not insignificant part of my point…