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Reason
Reason
Eugene Volokh

Home Possession of AI-Generated Porn Depicting Fake Children Remains Constitutionally Protected, Seventh Circuit Rules

From U.S. v. Anderegg, decided Tuesday by Seventh Circuit Judge John Lee, joined by Judges Doris Pryor and Joshua Kolar:

Steven Anderegg is charged with producing, distributing, and possessing visual depictions of minors engaged in sexually explicit conduct and transferring such material to a minor under the age of sixteen. According to the government, Anderegg produced these images using Stable Diffusion, a generative artificial intelligence ("GenAI") software that allowed him to create hyper-realistic images of prepubescent children engaging in sexually explicit acts.

The appeal in this case deals only with Anderegg's challenge to the home possession charge, not to the production or distribution charge. Here's the court's analysis:

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