California enacts new laws to combat AI-generated child sexual abuse material

California Enacts New Laws to Combat AI-Generated Child Sexual Abuse Material

California Governor Gavin Newsom has signed two significant pieces of legislation aimed at protecting minors from the misuse of artificial intelligence (AI) tools that generate harmful sexual imagery of children. The new laws, signed on Sunday, close a critical legal loophole regarding AI-generated child sexual abuse images, making it clear that the creation, possession, and distribution of such material are illegal.

The move is part of a broader initiative by California to tighten regulations around the burgeoning AI industry, which is increasingly impacting daily life but has had limited oversight in the United States. Earlier this month, Newsom also endorsed stringent laws targeting election deepfakes, though these laws face legal challenges in court. California is positioning itself as a leader in the regulation of AI technology.

The newly signed laws received strong bipartisan support and aim to address gaps in existing legislation. Current laws make it difficult for district attorneys to prosecute individuals for possessing or distributing AI-generated child sexual abuse material if it cannot be proven that the images depict real individuals. Under the new laws, such offences are classified as felonies.

“Child sexual abuse material must be illegal to create, possess, and distribute in California, whether the images are AI generated or of actual children,” stated Democratic Assemblymember Marc Berman, who authored one of the bills. “AI that is used to create these awful images is trained from thousands of images of real children being abused, revictimizing those children all over again.”

In addition, Governor Newsom signed two more bills earlier this month intended to strengthen laws related to revenge porn, aiming to protect women, teenage girls, and other vulnerable groups from sexual exploitation and harassment enabled by AI tools. Under the new legislation, it is illegal for an adult to create or share AI-generated sexually explicit deepfakes of anyone without their consent. Social media platforms are also mandated to allow users to report such materials for removal.

However, Los Angeles County District Attorney George Gascón, whose office sponsored some of these proposals, expressed concerns that the measures do not go far enough. He argued that penalties for sharing AI-generated revenge porn should also apply to individuals under 18. The current scope of the law only covers adults after it was narrowed by state lawmakers.

“There have to be consequences; you don’t get a free pass because you’re under 18,” Gascón remarked in a recent interview.

These legislative measures come in the wake of several alarming incidents and initiatives aimed at countering the rise of AI-generated harmful content. Notably, San Francisco filed a pioneering lawsuit against more than a dozen websites that use AI tools to “undress any photo” uploaded to their platform within seconds.

The issue of deepfakes and AI-generated sexual abuse material is not new but has been exacerbated by the increasing accessibility and ease of use of such technology. Over the past two years, researchers have raised alarms about the explosion of AI-generated child sexual abuse material, highlighting depictions of real victims as well as virtual characters.

For example, in March, a school district in Beverly Hills expelled five middle school students for creating and sharing fake nudes of their classmates, sparking concerns about the misuse of AI technology among youths.

In response to these growing concerns, there has been swift bipartisan action in nearly 30 states to address the proliferation of AI-generated sexually abusive materials. Some states offer protection for all individuals, while others specifically outlaw materials depicting minors.

Governor Newsom has praised California’s proactive stance in regulating AI technology. He indicated that the state could soon employ generative AI tools for purposes such as alleviating highway congestion and providing tax guidance. Meanwhile, his administration is contemplating new rules to counter AI discrimination in hiring practices.

The new laws mark a significant step in California’s ongoing efforts to regulate the rapidly evolving AI sector, aiming to strike a balance between fostering innovation and protecting vulnerable populations from digital exploitation.

Source: Noah Wire Services