
While in principle I see the good intent here, the enforcement feels like it would be really fucky due to the far reaching nature of this. Because this includes drawings, this mean the hypothetical age of a drawn character would determine whether that drawing is illegal or not. And that feels like enforcement would be really fucky.
Would be fascinated to see how the enforcement for this goes, cause god knows it would be relieving for Twitter to remove all that awful drawn shit. But I doubt Elon is jumping to do that. And if he doesn’t do that and Twitter keeps allowing that gross drawn material, this would efficiently criminalize anyone who had those drawings pop up while scrolling Twitter.
But they are not drawings. They’re images that were generated using real life images of children. They’re images of real existing children that have been edited to make them look as though they’re doing sexual things. I’d find it equally as problematic if someone was manually cutting images of children’s faces out and gluing them into porn magazines, which is essentially what this is, except AI does the cutting and gluing for you
I was referring to the drawings portion of the bill when I talked about problems. The AI part is easier to implement and involved material being made with real children. That both makes it easier to enforce and less problematic to implement. I outright said the AI portion is the unproblematic one, it’s legislating drawn material that runs into issues.
The law is prohibiting people from making CP of child cartoon characters. For example, the power puff girls. You can’t make obscene content with them in it, because even tho they’re cartoon characters, they’re cartoon children. The wording sounds confusing but they’re listing all the kinds of “children” you’re not allowed to do this with. Whether it’s a real child, a cartoon or animated child, or a fake child created purely via AI, it’s all not allowed in this law
The law says that material with “serious literary, artistic, political, and scientific value” is exempt but again that’s up to the state of Texas to decide what counts. You really need to consider the implications of a law that can land someone in jail over not just making, but seeing any inappropriate drawing of a character that isn’t an adult. You don’t have to make it, you could accidentally see it or not know that it’s of like some 15 year old anime character and be arrested.
I think that’s gross but it’s not the place of the state of Texas to arrest people for seeing a drawing. Actual CP is enforceable because it is abusing an actual child, whose age can be verified, and there are restrictions in place meaning you aren’t going to accidentally see that just from being on the internet, someone has to seek it out.
This is different. Some weirdo in Japan could draw a child character inappropriately, and you could see it without knowing it was a fictional child, and then be arrested. That’s not someone who is doing any actual harm to anyone, but now they can be arrested just like someone with actual abuse material.
So that’s not how these kinds of arrests work. They’re not monitoring your computer and watching you 24/7, waiting for you to open CP. You get charged with this if the police for some reason check your computer and you have this stuff SAVED and DOWNLOADED or shared with others. If you scroll past something like this on Twitter, no you will no go to jail
Plenty of those weirdos draw child characters as if they were adults. Someone who sees some weird shit with a my hero academia or Naruto or Pokémon character could reasonably not know the cannon age of that character. Something which isn’t actual abuse material shouldn’t be a criminal offense based on a cannon age because it’s a made up character.
And Christ y’all I think the shit is gross too and I would rather it not exist but I just recognize that arresting people over some hentai is NOT at all comparable to actual material from actual abused children. Because a character isn’t real and its age cannot be verified. It’s classifying something as abuse material based on the nebulous concept of whatever age the artist thought it was when drawing it.
You need to divorce what we think is icky from what needs to be legally enforced. It’s lines on a paper and the concept of an age. That should not be putting people in jail, especially when there are no safeguards on the internet to ensure that art is of adults or to indicate what the age of a character is.