Two Teens Indicted for Creating Hundreds of Deepfake Porn Images of Classmates
orclev @ orclev @lemmy.world Posts 0Comments 1,395Joined 2 yr. ago
orclev @ orclev @lemmy.world
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This has always been one of the problems with CSAM laws. There have been a number of cases now where minors were charged with CSAM possession for either naked pictures of themselves, or pictures (consensual) of their girlfriend/boyfriend who was also a minor. There's also the broader discussion about what exactly qualifies as CSAM, with some jurisdictions going for a more maximalist approach that considers things like drawings (even highly unrealistic or stylized ones) of people or even fictional characters to be CSAM. Some jurisdictions don't even require the photo or drawing to depict the minor naked or even engaging in a sexual act, they instead define it as pornography if the person in possession of it gets some kind of sexual gratification from it. So for instance a photo of a minor that's fully clothed and just standing there could actually be considered CSAM.
The problem is that it's hard to draw hard lines about what does or doesn't qualify without then leaving loopholes that can be exploited. This is why many jurisdictions opt for a maximalist approach and then leave it to the discretion of the police and prosecutors for what they do or do not consider, but of course that has the flaw that it's entirely arbitrary and leaves a lot of power in the hands of prosecutors and police for something widely regarded as a extremely serious crime.