@hislittleraincloud recently posted a warning about using AI to create visual media that depicts Enid and Wednesday in various scenarios. They range from benign (dancing) to potentially running into CSAM laws (kissing/nudity/etc...). He warned that it could be construed as CSAM given that both characters are depicted and viewed as minors.
Not surprisingly, people came out in droves where they’re missing the forest for the trees.
Also not surprising is that wenclairs deployed every whataboutism argument they could (on anon like the cowards they are but we can tell who they are) to defend their ability to create/share AI generated porn. They never actually argue that the AI porn isn’t porn or that the law Tor cites doesn’t apply. They simply think that because other types of porn (fictional writing) exist, or they mistake other, creative and regulated media (TV shows) exists are under the same umbrella, that what they’re doing isn’t wrong under the law or wrong at all. They keep bringing up examples that either aren’t visual media or are completely ignorant of the different laws/regulations that govern different media.
Here are my questions to everyone who is insistent that they want to consume and share this type of media:
Do you know and understand the laws that govern CSAM in the jurisdiction that you are in? Ignorance of the law is not a defense in the majority of cases. Your personal definition of what CSAM is, is not a defense. What the law says is what matters.
Do you trust your government enough to not weaponize your social media against you? Do you trust the social media platform you are on (Tumblr, Twitter, IG etc…) to fight a subpoena for your data?
Do you trust the judicial branch where you might be prosecuted to interpret the law in your favor? Have there been similar cases that have been adjudicated and have set the precedent? Was the outcome in favor to your situation?
Is the weird Uncanny Valley AI porn of Wednesday and Enid really worth it? Like, do you really understand what you’re arguing for?
Jenna has already stated her disdain for AI images of herself. She specifically said it drove her off of Twitter. It was disgusting, and it made me feel bad. It made me feel uncomfortable” (Entertainment Weekly, 25 Aug 2024) (emphasis added).
She has never mentioned the fanfiction or other media, she specifically mentioned AI. I personally believe it was Wenclair AI given the time frame, but only Jenna truly knows. I doubt she would be happy with wenclair AI even if it wasn't.
All of this on top of Emma begging people not to ship real people. Do you think people using EXACT, AI generated images of herself and Jenna even if they're being depicted as Enid and Wednesday wouldn't fall under this?
Do you really think there is no distinction between using their real likeness vs. written stories that only exist in people's imagination?
I won't say that whatever AI is currently being floated around is definitely CSAM, that'd be up to a judge and jury to decide.
I simply highly suggest you research the law and consider it.