Its always funny how people draw their categories. Italians weren't white when my father was growing up, Finns neither. Turns out race is amorphous excuse to overlook the actual socioeconomic forces at play.
I'm not supporting CSAM. I'm supporting the defence of the term CSAM from attempts at dilution and diminution which downplay the true severity of this appaling crime.
The point of banning real CSAM is to stop the production of it, because the production is inherently harmful. The production of AI or human generated CSAM-like images does not inherently require the harm of children, so it's fundamentally a different consideration. That's why some countries, notably Japan, allow the production of hand-drawn material that in the US would be considered CSAM.
I'm strongly against CSAM but I will say this analogy doesn't quite hold (though the values behind it does)
Libel must be as assertion that is not true. Photoshopping or AIing someone isn't an assertion of something untrue. It's more the equivalent of saying "What if this is true?" which is perfectly legal
“ 298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Marginal note:Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.”
It doesn't have to be an assertion, or even a written statement.
> The point of banning real CSAM is to stop the production of it, because the production is inherently harmful. The production of AI or human generated CSAM-like images does not inherently require the harm of children, so it's fundamentally a different consideration.
Quite.
> That's why some countries, notably Japan, allow the production of hand-drawn material that in the US would be considered CSAM.
"Child sexual abuse material (CSAM) is not “child pornography.” It’s evidence of child sexual abuse—and it’s a crime to create, distribute, or possess. "
Freedom of one starts where it confirms freedom of others.
Of course everybody is going to find a point when freedom of speech have to be limited. Otherwise, anyone can justify that cutting the head of their neighbour with a katana while dancing is part of an artistic performance, and absolute free speech is only possible if all artistic expression is given complete license. Those who pretend otherwise will have no ground to defend themselves on legal basis from being wiped out of existence by the very same logic.
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