The US Department of Justice has set an important precedent

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The US Department of Justice has opened two criminal cases against the authors of pornographic images involving children generated using deepfake technology. The department said it would expand the practice of bringing manufacturers and distributors of such products to justice.

James Silver, head of the U.S. Department of Justice's Office of Cybercrime and Intellectual Property Infringements, told Reuters that the case would not be limited to just two cases.

He noted that he personally and many of his colleagues are extremely concerned about the normalization of the practice of using generative artificial intelligence to create pornographic images, including with the participation of children, and this contributes to its increasing spread.

"We intend to counteract this", James Silver concluded.

However, the first such precedent did not allay the fears of the legal community that convictions could be appealed. The courts are also not quite ready to consider cases where the defendants used artificial intelligence.

Moreover, in the United States, there were at least two cases when the distributors of such images managed to either avoid prosecution or be punished under a significantly lighter article not related to the distribution of child pornography. They took advantage of the fact that the images they found did not relate to anyone in particular.

Law enforcement officers and organizations involved in the protection of children's rights are also concerned that the widespread distribution of materials generated by artificial intelligence will become a kind of smokescreen, behind which the facts of violence against real children and adolescents will be hidden.

The National Center for Missing and Exploited Children records an average of about 450 calls related to AI-generated images involving children. The total number of applications to this organization, according to its legal consultant Iota Souras, exceeds 3 million.

However, Rebecca Portnoff, vice president of the human rights organization Thorn, said that the problem should not be seen only as a matter of the future, otherwise it will get out of control. And to solve it, it is necessary to act in all directions, both by influencing the developers of image generation systems and through the law enforcement system.

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