EXPLAINER | Why a US court says private possession of AI-generated child abuse images cannot be prosecuted
A US appeals court has ruled that a Wisconsin man cannot be prosecuted for privately possessing AI-generated images depicting child sexual abuse.
A US appeals court has ruled that Stevan Anderegg, a 44-year-old man from Wisconsin, cannot be prosecuted for privately possessing AI-generated child abuse images. The Seventh Circuit Court of Appeals dismissed the possession charge against Anderegg because the images did not feature real children. The court's decision is based on previous Supreme Court rulings that protect private possession of obscene material, including fictional depictions of children.
The ruling applies to the Seventh Circuit, which includes Illinois, Indiana, and Wisconsin. The case emerged when Instagram reported Anderegg's account to the National Center for Missing and Exploited Children, leading to his arrest and charges of producing, distributing, and transferring obscene visual depictions of minors. The court acknowledged the challenges posed by AI technology in generating realistic images of minors, but emphasized that altering Supreme Court precedents is a task for the Supreme Court itself.
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