US appeals court protects AI child abuse images under First Amendment
A federal appeals court upheld the dismissal of a possession charge against a Wisconsin man who created thousands of explicit AI-generated images of children.
US appeals court rules AI-generated child abuse images possession is protected speech
A federal appeals court has upheld the dismissal of a possession charge against Steven Anderegg, 42, a Wisconsin man accused of generating thousands of explicit, photorealistic AI-produced images of children, Google News MT — Crime (en) reports.
Anderegg was arrested in 2024. Prosecutors allege he used artificial intelligence to produce thousands of "photorealistic" child sexual abuse images and sent some of them to a 15-year-old boy, explaining how he created them using the technology.
A federal judge in Wisconsin initially dismissed the possession charge. Last week, a federal appeals court agreed, ruling that possession of the AI-generated images falls under First Amendment protections. Judge John Z. Lee cited Supreme Court precedents from 1969 and 2002, reasoning that the images do not depict a real child and that the Supreme Court has established a right to keep obscene material in the privacy of one's home.
In his written opinion, Judge Lee noted: "Given the relentless advancement in artificial intelligence... we have some concerns about the lines these cases draw, but we are not free to redraw them ourselves."
Anderegg still faces three remaining charges: producing the images, distributing them, and sending them to a minor.
Katelyn Wonderlin, sexual assault program director with Bolton Refuge House, said she was taken aback by the outcome. "I was very surprised and concerned," Wonderlin said.
Wonderlin, who works directly with survivors of sexual violence, said digital abuse has been increasing and the ruling does little to address that trajectory. "It creates a lot of vulnerabilities in our community. It also contributes to a community consciousness or community belief that it is allowable to have child sex abuse materials," she said.
She added that whether the images involve a real child or not, they can be weaponised against young people. "People who are going to hurt another person will use whatever method that they can," Wonderlin said.
Wonderlin called on communities to engage with elected officials and local leaders on how legislation should evolve to account for the harms enabled by new technology. "It's really important for the community to see where these new laws are harmful and to talk to their legislators and to talk to their community leaders about how we're going to go forward to better protect the most vulnerable people in our society, which is children and youth," she said.
Local law enforcement is expected to comment on what the ruling could mean for ongoing investigations.
Anyone affected by domestic violence, intimate partner violence, sexual assault, or stalking can contact Bolton Refuge House for support and resources.
Source: Google News MT — Crime (en)