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US judge ruled computer generated child sexual abuse material is protected by First Amendment. (reason.com)
submitted 2 weeks ago by to c/news@lemmy.world
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Justice Thomas too forecasted that "technology may evolve to the point where it becomes impossible to enforce actual child pornography laws because the Government cannot prove that certain pornographic images are of real children." In his view, "if technological advances thwart prosecution of 'unlawful speech,' the Government may well have a compelling interest in barring or otherwise regulating some narrow category of 'lawful speech' in order to enforce effectively laws against pornography made through the abuse of real children."

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[–] 3 points 2 weeks ago (2 children)

I agree, it is a fine line. Another relevant inconvenient truth is that there are pedophiles who have never acted on their urges, never harmed a child, and have even sought appropriate therapy to manage their mental state. Yet at the end of the day, they are still literally pedophiles.

Japan seems to be the canary in the coal mine for this issue. They have long made it legal to draw manga "pornography" featuring apparently underage characters, as long as it doesn't depict an actual child in any way. This is a vice mini-doc on the subject from a few years ago.

People in that culture try to make the argument that it gives pedophiles a way to manage their feelings without harming any children. But in reality, it's seeming more like giving suicidal patients access to guns. The challenge seems to be that: philosophically we want universal free speech, but biologically the human brain isn't evolved to control itself in that environment. You're not staving off a pedophiles' urges, you end up nurturing them. You create a subculture that embraces this mental state as acceptable and normalized. It would be like....building Westworld robots for serial killers to abuse. Surely nothing good will come from creating a safe space in society for people with these urges.

I personally do not agree with any laws against speech, and also I don't think anyone should ever create "artificial" CSAM in any capacity. But I don't know how to square that circle. Because if you try to just make a blanket law against it, on the one hand people will find ways to skirt the line, slowly developing arguably even more depraved genres; and on the other hand you'll have rulings against perfectly above-board, consensual pornography/speech, just because a politician doesn't like it (as have been attempted many times throughout history, and remains a concerted goal of the right to this day).

I have to assume this is what it feels like to be an old-fashioned puritan, seeing a clear line between pornographic content and the erosion of society. But in this case, I think that's where I am. I just don't think it's ok for the future of society to normalize artificial CSAM.

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  • [–] 9 points 2 weeks ago (1 child)

    People in that culture try to make the argument that it gives pedophiles a way to manage their feelings without harming any children. But in reality, it's seeming more like giving suicidal patients access to guns.

    Why assume when there is data? The rates of child sexual abuse are about the same in Japan.

    For your assumption to hold, the rate would need to be higher. The data says it doesn't matter.

    Caveat, only numbers I can find are child abuse survivor rates. But if reducing abuse rate outcomes is the goal these numbers feel adequate.

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  • [–] 1 point 2 weeks ago

    The rate might be higher in Japan specificaly because it's normalised. If the victims themselves don't see any wrong with what happened to them and bystanders too, then it's way less likely to be repported.

    SA cases have been seen to be heavily underepported in Japan. Upskirts were normalized too, for reference, and they had to force the cameras to make shutter sounds when taking pictures to try to solve the issue. Still, people mod their phones to circumvent it, and the demand for such content is still high, hence encouraging the practice more.

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