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this post was submitted on 03 Dec 2023
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IDK why this dumb thought experiment makes me so grumpy everyone someone invokes it, but you're going to have to explain how it's relevant here.
How many pieces do you have to change before it's not closely enough related? If every piece is modified, is it the same base image? If it's not the same image, when does it cease to represent the original and must be reassessed? If it's no longer the image of a real person, given the extreme variety in both real and imagined people, how can an AI image ever be illegal? If you morph between an image of a horse and an illegal image, at what exact point does it become illegal? What about a person and an illegal image? What about an ai generated borderline image and an illegal image? At some point, a legal image changes into an illegal image, and that point is nearly impossible to define. Likewise, the transition between a real and imagined person is the same, or the likeness between two similar looking real, but different, or imagined people.
As with any law, there will undoubtedly be cases in which it is difficult to discern whether or not a law has been broken, but courts decide on innocence or guilt in such cases every day. A jury would be asked to decide whether a a reasonable third party is likely to conclude on the balance of probabilities that the image depicts a person who is under 18.
Whether or not the depicted person is real or imagined is not relevant in many / most jurisdictions.