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Legal fight against AI-generated child pornography is complicated – a legal scholar explains why, and how the law could catch up

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theconversation.com – Wayne Unger, Assistant Professor of Law, Quinnipiac University – 2025-02-11 07:46:00

Legal fight against AI-generated child pornography is complicated – a legal scholar explains why, and how the law could catch up

Child pornography laws may be clear, but AI makes enforcement more difficult.
AP Photo/J. Scott Applewhite

Wayne Unger, Quinnipiac University

The city of Lancaster, Pennsylvania, was shaken by revelations in December 2023 that two local teenage boys shared hundreds of nude images of girls in their community over a private chat on the social chat platform Discord. Witnesses said the photos easily could have been mistaken for real ones, but they were fake. The boys had used an artificial intelligence tool to superimpose real photos of girls’ faces onto sexually explicit images.

With troves of real photos available on social media platforms, and AI tools becoming more accessible across the web, similar incidents have played out across the country, from California to Texas and Wisconsin. A recent survey by the Center for Democracy and Technology, a Washington D.C.-based nonprofit, found that 15% of students and 11% of teachers knew of at least one deepfake that depicted someone associated with their school in a sexually explicit or intimate manner.

The Supreme Court has implicitly concluded that computer-generated pornographic images that are based on images of real children are illegal. The use of generative AI technologies to make deepfake pornographic images of minors almost certainly falls under the scope of that ruling. As a legal scholar who studies the intersection of constitutional law and emerging technologies, I see an emerging challenge to the status quo: AI-generated images that are fully fake but indistinguishable from real photos.

Policing child sexual abuse material

While the internet’s architecture has always made it difficult to control what is shared online, there are a few kinds of content that most regulatory authorities across the globe agree should be censored. Child pornography is at the top of that list.

For decades, law enforcement agencies have worked with major tech companies to identify and remove this kind of material from the web, and to prosecute those who create or circulate it. But the advent of generative artificial intelligence and easy-to-access tools like the ones used in the Pennsylvania case present a vexing new challenge for such efforts.

In the legal field, child pornography is generally referred to as child sexual abuse material, or CSAM, because the term better reflects the abuse that is depicted in the images and videos and the resulting trauma to the children involved. In 1982, the Supreme Court ruled that child pornography is not protected under the First Amendment because safeguarding the physical and psychological well-being of a minor is a compelling government interest that justifies laws that prohibit child sexual abuse material.

That case, New York v. Ferber, effectively allowed the federal government and all 50 states to criminalize traditional child sexual abuse material. But a subsequent case, Ashcroft v. Free Speech Coalition from 2002, might complicate efforts to criminalize AI-generated child sexual abuse material. In that case, the court struck down a law that prohibited computer-generated child pornography, effectively rendering it legal.

The government’s interest in protecting the physical and psychological well-being of children, the court found, was not implicated when such obscene material is computer generated. “Virtual child pornography is not ‘intrinsically related’ to the sexual abuse of children,” the court wrote.

States move to criminalize AI-generated CSAM

According to the child advocacy organization Enough Abuse, 37 states have criminalized AI-generated or AI-modified CSAM, either by amending existing child sexual abuse material laws or enacting new ones. More than half of those 37 states enacted new laws or amended their existing ones within the past year.

California, for example, enacted Assembly Bill 1831 on Sept. 29, 2024, which amended its penal code to prohibit the creation, sale, possession and distribution of any “digitally altered or artificial-intelligence-generated matter” that depicts a person under 18 engaging in or simulating sexual conduct.

YouTube video
Deepfake child pornography is a growing problem.

While some of these state laws target the use of photos of real people to generate these deep fakes, others go further, defining child sexual abuse material as “any image of a person who appears to be a minor under 18 involved in sexual activity,” according to Enough Abuse. Laws like these that encompass images produced without depictions of real minors might run counter to the Supreme Court’s Ashcroft v. Free Speech Coalition ruling.

Real vs. fake, and telling the difference

Perhaps the most important part of the Ashcroft decision for emerging issues around AI-generated child sexual abuse material was part of the statute that the Supreme Court did not strike down. That provision of the law prohibited “more common and lower tech means of creating virtual (child sexual abuse material), known as computer morphing,” which involves taking pictures of real minors and morphing them into sexually explicit depictions.

The court’s decision stated that these digitally altered sexually explicit depictions of minors “implicate the interests of real children and are in that sense closer to the images in Ferber.” The decision referenced the 1982 case, New York v. Ferber, in which the Supreme Court upheld a New York criminal statute that prohibited persons from knowingly promoting sexual performances by children under the age of 16.

The court’s decisions in Ferber and Ashcroft could be used to argue that any AI-generated sexually explicit image of real minors should not be protected as free speech given the psychological harms inflicted on the real minors. But that argument has yet to be made before the court. The court’s ruling in Ashcroft may permit AI-generated sexually explicit images of fake minors.

But Justice Clarence Thomas, who concurred in Ashcroft, cautioned that “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.”

With the recent significant advances in AI, it can be difficult if not impossible for law enforcement officials to distinguish between images of real and fake children. It’s possible that we’ve reached the point where computer-generated child sexual abuse material will need to be banned so that federal and state governments can effectively enforce laws aimed at protecting real children – the point that Thomas warned about over 20 years ago.

If so, easy access to generative AI tools is likely to force the courts to grapple with the issue.The Conversation

Wayne Unger, Assistant Professor of Law, Quinnipiac University

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3D printing will help space pioneers make homes, tools and other stuff they need to colonize the Moon and Mars

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theconversation.com – Sven Bilén, Professor of Engineering Design, Electrical Engineering and Aerospace Engineering, Penn State – 2025-03-13 07:51:00

3D printing could make many of the components for future structures on Mars.
3000ad/iStock via Getty Images Plus

Sven Bilén, Penn State

Throughout history, when pioneers set out across uncharted territory to settle in distant lands, they carried with them only the essentials: tools, seeds and clothing. Anything else would have to come from their new environment.

So they built shelter from local timber, rocks and sod; foraged for food and cultivated the soil beneath their feet; and fabricated tools from whatever they could scrounge up. It was difficult, but ultimately the successful ones made everything they needed to survive.

Something similar will take place when humanity leaves Earth for destinations such as the Moon and Mars – although astronauts will face even greater challenges than, for example, the Vikings did when they reached Greenland and Newfoundland. Not only will the astronauts have limited supplies and the need to live off the land; they won’t even be able to breathe the air.

Instead of axes and plows, however, today’s space pioneers will bring 3D printers. As an engineer and professor who is developing technologies to extend the human presence beyond Earth, I focus my work and research on these remarkable machines.

3D printers will make the tools, structures and habitats space pioneers need to survive in a hostile alien environment. They will enable long-term human presence on the Moon and Mars.

An astronaut holding a wrench poses for the camera.
NASA astronaut Barry Wilmore holds a 3D-printed wrench made aboard the International Space Station.
NASA

From hammers to habitats

On Earth, 3D printing can fabricate, layer by layer, thousands of things, from replacement hips to hammers to homes. These devices take raw materials, such as plastic, concrete or metal, and deposit it on a computerized programmed path to build a part. It’s often called “additive manufacturing,” because you keep adding material to make the part, rather than removing material, as is done in conventional machining.

Already, 3D printing in space is underway. On the International Space Station, astronauts use 3D printers to make tools and spare parts, such as ratchet wrenches, clamps and brackets. Depending on the part, printing time can take from around 30 minutes to several hours.

For now, the print materials are mostly hauled up from Earth. But NASA has also begun recycling some of those materials, such as waste plastic, to make new parts with the Refabricator, an advanced 3D printer installed in 2019.

Manufacturing in space

You may be wondering why space explorers can’t simply bring everything they need with them. After all, that’s how the International Space Station was built decades ago – by hauling tons of prefabricated components from Earth.

But that’s impractical for building habitats on other worlds. Launching materials into space is incredibly expensive. Right now, every pound launched aboard a rocket just to get to low Earth orbit costs thousands of dollars. To get materials to the Moon, NASA estimates the initial cost at around US$500,000 per pound.

Still, manufacturing things in space is a challenge. In the microgravity of space, or the reduced gravity of the Moon or Mars, materials behave differently than they do on Earth. Decrease or remove gravity, and materials cool and recrystallize differently. The Moon has one-sixth the gravity of Earth; Mars, about two-fifths. Engineers and scientists are working now to adapt 3D printers to function in these conditions.

An illustration of an astronaut looking at a base camp on Mars.
An artist’s impressions of what a Mars base camp might look like.
peepo/E+ via Getty Images

Using otherworldly soil

On alien worlds, rather than plastic or metal, 3D printers will use the natural resources found in these environments. But finding the right raw materials is not easy. Habitats on the Moon and Mars must protect astronauts from the lack of air, extreme temperatures, micrometeorite impacts and radiation.

Regolith, the fine, dusty, sandlike particles that cover both the lunar and Martian surfaces, could be a primary ingredient to make these dwellings. Think of the regolith on both worlds as alien dirt – unlike Earth soil, it contains few nutrients, and as far as we know, no living organisms. But it might be a good raw material for 3D printing.

My colleagues began researching this possibility by first examining how regular cement behaves in space. I am now joining them to develop techniques for turning regolith into a printable material and to eventually test these on the Moon.

But obtaining otherworldly regolith is a problem. The regolith samples returned from the Moon during the Apollo missions in the 1960s and 70s are precious, difficult if not impossible to access for research purposes. So scientists are using regolith simulants to test ideas. Actual regolith may react quite differently than our simulants. We just don’t know.

What’s more, the regolith on the Moon is very different from what’s found on Mars. Martian regolith contains iron oxide –that’s what gives it a reddish color – but Moon regolith is mostly silicates; it’s much finer and more angular. Researchers will need to learn how to use both types in a 3D printer.

YouTube video
See models of otherworldly habitats.

Applications on Earth

NASA’s Moon-to-Mars Planetary Autonomous Construction Technology program, also known as MMPACT, is advancing the technology needed to print these habitats on alien worlds.

Among the approaches scientists are now exploring: a regolith-based concrete made in part from surface ice; melting the regolith at high temperatures, and then using molds to form it while it’s a liquid; and sintering, which means heating the regolith with concentrated sunlight, lasers or microwaves to fuse particles together without the need for binders.

Along those lines, my colleagues and I developed a Martian concrete we call MarsCrete, a material we used to 3D-print a small test structure for NASA in 2017.

Then, in May 2019, using another type of special concrete, we 3D-printed a one-third scale prototype Mars habitat that could support everything astronauts would need for long-term survival, including living, sleeping, research and food-production modules.

That prototype showcased the potential, and the challenges, of building housing on the red planet. But many of these technologies will benefit people on Earth too.

In the same way astronauts will make sustainable products from natural resources, homebuilders could make concretes from binders and aggregates found locally, and maybe even from recycled construction debris. Engineers are already adapting the techniques that could print Martian habitats to address housing shortages here at home. Indeed, 3D-printed homes are already on the market.

Meanwhile, the move continues toward establishing a human presence outside the Earth. Artemis III, now scheduled for liftoff in 2027, will be the first human Moon landing since 1972. A NASA trip to Mars could happen as early as 2035.

But wherever people go, and whenever they get there, I’m certain that 3D printers will be one of the primary tools to let human beings live off alien land.The Conversation

Sven Bilén, Professor of Engineering Design, Electrical Engineering and Aerospace Engineering, Penn State

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George Washington, a real estate investor and successful entrepreneur, knew the difference between running a business and running the government

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theconversation.com – Eliga Gould, Professor of History, University of New Hampshire – 2025-03-10 07:50:00

President George Washington delivers his first inaugural address in April 1789 in New York City.
Painting by T.H. Matteson, engraving by H.S. Sadd, via Library of Congress

Eliga Gould, University of New Hampshire

During his three presidential campaigns, Donald Trump promised to run the federal government as though it were a business. True to his word, upon retaking office, Trump put tech billionaire Elon Musk at the head of a new group in the executive branch called the Department of Government Efficiency.

DOGE, as Musk’s initiative is known, has so far fired, laid off or received resignations from tens of thousands of federal workers and says it has discovered large sums of wasted or fraudulently spent tax dollars. But even its questionable claim of saving US$65 billion is less than 1% of the $6.75 trillion the U.S. spent in the 2024 fiscal year, and a tiny fraction of the nation’s cumulative debt of $36 trillion. Because Musk’s operation has not been formalized by Congress, DOGE’s indiscriminate cuts also raise troubling constitutional questions and may be illegal.

Before they go too far trying to run the government like a business, Trump and his advisors may want to consider the very different example of the nation’s first chief executive while he was in office.

A man stands while behind him a man sits at a desk.
Elon Musk, left, and Donald Trump have undertaken an effort both describe as seeking to run government more like a business.
Andrew Harnik/Getty Images

The first businessman to become president

Like Trump, George Washington was a businessman with a large real estate portfolio. Along with property in Virginia and six other states, he had extensive claims to Indigenous land in the Ohio River Valley.

Partly because of those far-flung investments, the first president supported big transportation projects, took an active interest in the invention of the steamboat, and founded the Patowmack Company, a precursor to the builders of the Chesapeake and Ohio Canal.

Above all, Washington was a farmer. On his Mount Vernon estate, in northern Virginia, he grew tobacco and wheat and operated a gristmill. After his second term as president, he built a profitable distillery. At the time of his death, he owned nearly 8,000 acres of productive farm and woodland, almost four times his original inheritance.

Much of Washington’s wealth was based on slave labor. In his will, he freed 123 of the 300 enslaved African Americans who had made his successful business possible, but while he lived, he expected his workers to do as he said.

President Washington and Congress

If Washington the businessman and plantation owner was accustomed to being obeyed, he knew that being president was another matter.

In early 1790, near the end of his first year in office, he reflected on the difference in a letter to the English historian Catharine Macaulay. Macaulay had visited Mount Vernon several years before. She was eager to hear the president’s thoughts about what, in his reply, he described as “the last great experiment for promoting human happiness by reasonable compact.”

The new government, Washington wrote, was “a government of accommodation as well as a government of laws.”

As head of the executive branch, his own powers were limited. In the months since the inauguration, he had learned that “much was to be done by prudence, much by conciliation, much by firmness. Few, who are not philosophical Spectators,” he told his friend, “can realise the difficult and delicate part which a man in my situation (has) to act.”

Although Washington did not say why his situation was delicate, he didn’t need to. Congress, as everyone knew, was the most powerful branch of government, not the president.

The previous spring, Congress had shown just how powerful it was when it debated whether the president, who needed Senate confirmation to appoint heads of executive departments, could remove such officers without the same body’s approval. In the so-called Decision of 1789, Congress determined that the president did have that power, but only after Vice President John Adams broke the deadlock in the upper house.

The meaning of Congress’ vote was clear. On matters where the Constitution is ambiguous, Congress would decide what powers the president can legally exercise and what powers he – or, someday, she – cannot.

When it created a “sinking fund” in 1790 to manage the national debt, Congress showed just how far it could constrain presidential power.

Although the fund was part of the Treasury Department, whose secretary served at the president’s pleasure, the commission that oversaw it served for fixed terms set by Congress. The president could neither remove them nor tell them what to do.

Inefficient efficiency

William Humphrey, a member of the Federal Trade Commission, was unconstitutionally fired by Franklin Roosevelt in 1933.
Library of Congress

By limiting Washington’s power over the Sinking Fund Commission, Congress set a precedent that still holds, notably in the 1935 Supreme Court case of Humphrey’s Executor v. U.S.

To the displeasure of those, including Trump, who promote the novel “unitary executive” theory of an all-powerful president, the court ruled that President Franklin D. Roosevelt could not dismiss a member of the Federal Trade Commission before his term was up – even if, as Roosevelt said, his administration’s goals would be “carried out most effectively with personnel of my own selection.”

Like the businessman who currently occupies the White House, Washington did not always like having to share power with Congress. Its members were headstrong and independent-minded. They rarely did what they were told.

But he realized working with Congress was the only way to create a federal government that really was efficient, with each branch carrying out its defined powers, as the founders intended. Because of the Constitution’s checks and balances, the United States was – and is – a government based on compromise between the three branches. No one, not even the president, is exempt.

To his credit, Washington was quick to learn that lesson.The Conversation

Eliga Gould, Professor of History, University of New Hampshire

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5 ways schools have shifted in 5 years since the COVID-19

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theconversation.com – Rachel Besharat Mann, Assistant Professor in Education Studies, Wesleyan University – 2025-03-10 07:48:00

Students sit in pop-up tents during wind ensemble class at Wenatchee High School on Feb. 26, 2021 in Wenatchee, Wash..
David Ryder/Getty Images

Rachel Besharat Mann, Wesleyan University and Gravity Goldberg, Wesleyan University

The U.S. educational landscape has been drastically transformed since the COVID-19 pandemic shuttered school campuses five years ago.

Access to high-quality teachers and curriculum developed by teachers is shrinking, for example. Likewise, there has been a loss of emotional support for students and a decline in the school use of technology and social media.

As education scholars focused on literacy practices in schools, here are five ways we believe the COVID-19 pandemic – and the rapid shift to remote learning and back – has transformed education:

1. Teachers are leaving, and those staying are stressed

At the start of the 2024-2025 school year, 82% of U.S. public schools had teaching vacancies.

Schools have tried to adapt by expanding class sizes and hiring substitute teachers. They have also increased use of video conferencing to Zoom teachers into classrooms.

A teacher sits at home in front of a computer monitor.
A teacher works from her home due to the COVID-19 outbreak on April 1, 2020, in Arlington, Va.
Olivier Doulier/AFP via Getty Images

Teacher retention has been a problem for at least a decade. But after the pandemic, there was an increase in the number of teachers who considered leaving the profession earlier than expected.

When teachers leave, often in the middle of the school year, it can require their colleagues to step in and cover extra classes. This means teachers who stay are overworked and possibly not teaching in their area of certification.

This, in turn, leads to burnout. It also increases the likelihood that students will not have highly qualified teachers in some hard-to-fill positions like physical science and English.

2. Increase in scripted curriculum

As of fall 2024, 40 states and Washington had passed science of reading laws, which mandate evidence-based reading instruction rooted in phonics and other foundational skills.

While the laws don’t necessarily lead to scripted curriculum, most states have chosen to mandate reading programs that require teachers to adhere to strict pacing. They also instruct teachers not to deviate from the teachers’ manual.

Many of these reading programs came under scrutiny by curricular evaluators from New York University in 2022. They found the most common elementary reading programs were culturally destructive or culturally insufficient – meaning they reinforce stereotypes and portray people of color in inferior and destructive ways that reinforce stereotypes.

This leaves teachers to try to navigate the mandated curriculum alongside the needs of their students, many of whom are culturally and linguistically diverse. They either have to ignore the mandated script or ignore their students. Neither method allows teachers to be effective.

When teachers are positioned as implementers of curriculum instead of professionals who can be trusted to make decisions, it can lead to student disengagement and a lack of student responsiveness.

This form of de-professionalization is a leading cause of teacher shortages. Teachers are most effective, research shows, when they feel a sense of agency, something that is undermined by scripted teaching.

3. Improvements in teen mental health, but there’s more to do

Many of the narratives surrounding adolescent mental health, particularly since the pandemic, paint a doomscape of mindless social media use and isolation.

However, data published in 2024 shows improvements in teen reports of persistent sadness and hopelessness. Though the trend is promising in terms of mental health, in-school incidences of violence and bullying rose in 2021-22, and many teens report feeling unsafe at school.

Other reports have shown an increase in feelings of loneliness and isolation among teens since the pandemic.

4. Crackdown on students’ technology use in schools

COVID-19 prompted schools to make an abrupt switch to educational technology, and many schools have kept many of these policies in place.

For example, Google Classroom and other learning management systems are commonly used in many schools, particularly in middle school and high school.

These platforms can help parents engage with their children’s coursework. That facilitates conversations and parental awareness.

But this reliance on screens has also come under fire for privacy issues – the sharing of personal information and sensitive photos – and increasing screen time.

And with academia’s use of technology on the rise, cellphone usage has also increased among U.S. teens, garnering support for school cellphone bans.

A child wearing a face mask looks at a laptop computer.
A student attends an online class at the Crenshaw Family YMCA on Feb. 17, 2021, in Los Angeles during the COVID-19 pandemic.
Patrick T. Fallon/AFP via Getty Images

But banning these devices in schools may not help teens, as smartphone use is nearly universal in the U.S. Teens need support from educators to support them as they learn to navigate the complex digital world safely, efficiently and with balance.

In light of data surrounding adolescent mental health and online isolation – and the potential for connection through digital spaces – it’s also important that teens are aware of positive support networks that are available online.

Though these spaces can provide social supports, it is important for teens to understand the strengths and limitations of technology and receive authentic guidance from adults that a technology ban may prohibit.

5. Students and adults need social emotional support

Students returned to in-person schooling with a mix of skill levels and with a variety of social and emotional needs.

Social and emotional learning includes self-awareness, self-management, social awareness, relational skills and decision-making.

These skills are vital for academic success and social relationships.

Teachers reported higher student needs for social and emotional learning after they returned to in-person instruction.

While some of this social and emotional teaching came under fire from lawmakers and parents, this was due to confusion about what it actually entailed. These skills do not constitute a set of values or beliefs that parents may not agree with. Rather, they allow students to self-regulate and navigate social situations by explicitly teaching students about feelings and behaviors.

A teacher and student are separated by plexiglass as they sit across from each other at a desk.
A teacher provides instruction to a student at Freedom Preparatory Academy on Feb. 10, 2021, in Provo, Utah.
George Frey/Getty Images

One area where students may need support is with cognitive flexibility, or the ability to adapt to current situations and keep an open mind. Classroom instruction that engages students in varied tasks and authentic teaching strategies rooted in real-life scenarios can strengthen this ability in students.

Besides allowing students to be engaged members of a school community, cognitive flexibility is important because it supports the skill development that is part of many state English language arts and social studies standards.

Social and emotional learning and cognitive flexibility are key components that allow students to learn.

Due to vague or confusing state policies, many schools have stopped teaching social and emotional learning skills, or minimized their use.

This, coupled with teacher stress and burnout, means that both adults and children in schools are often not getting their social and emotional needs met.

Message of mistrust

While we described five shifts since the start of the pandemic, the overall trend in K-12 schools is one of mistrust.

We feel that the message – from districts, state legislators and parents – is that teachers cannot be trusted to make choices.

This represents a massive shift. During the initial phase of the COVID-19 lockdown, teachers were revered and thanked for their service.

We believe in teacher autonomy and professionalism, and we hope this list can help Americans reflect on the direction of the past five years. If society wants a different outcome in the next five years, it starts with trust.The Conversation

Rachel Besharat Mann, Assistant Professor in Education Studies, Wesleyan University and Gravity Goldberg, Visiting Assistant Professor in Education Studies, Wesleyan University

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