You've combined two crimes into one. Robbing a bank with anything is armed robbery. My analogy is apt.
If I get pulled over with an airsoft identical to an AK47 and charged with trafficking illegal firearms, I think you will agree that I shouldn't be. It's not an AK47, it's an airsoft.
Similarly, calling AI generated imagery CSAM might be a pure category error. If there is no C being SA, it's not CSAM by definition.
Now if that imagery came about because real CSAM material was in the training data, or because someone used AI to generate sexual imagery of a real person, that's a different story. You now have a derivative work based on a real crime with real victims. But we'd also have some very real and important questions to be asking the model trainers.
In a vacuum though? Sorry no, it doesn't make any sense.
If I get pulled over with an airsoft identical to an AK47 and charged with trafficking illegal firearms, I think you will agree that I shouldn't be. It's not an AK47, it's an airsoft.
Similarly, calling AI generated imagery CSAM might be a pure category error. If there is no C being SA, it's not CSAM by definition.
Now if that imagery came about because real CSAM material was in the training data, or because someone used AI to generate sexual imagery of a real person, that's a different story. You now have a derivative work based on a real crime with real victims. But we'd also have some very real and important questions to be asking the model trainers.
In a vacuum though? Sorry no, it doesn't make any sense.