California Strengthens Protections Against AI-Generated Child Exploitation
California Governor Gavin Newsom has signed into law a pair of bills aimed at safeguarding minors from the misuse of artificial intelligence (AI) tools that generate harmful sexual imagery of children. The legislation marks a significant step in addressing the rising concern over AI’s role in creating and disseminating child sexual abuse material.
The new laws, which received overwhelming bipartisan support, close a legal loophole by clarifying that child pornography is illegal even if it is AI-generated. Previously, prosecutors faced challenges in pursuing cases involving AI-generated images if they could not prove the depiction of a real person. Under the new legislation, creating, possessing, or distributing such material is a felony offense.
“Child sexual abuse material must be illegal to create, possess, and distribute in California, whether the images are AI-generated or of actual children,” said Assembly Member Marc Berman, who authored one of the bills. “AI that is used to create these awful images is trained from thousands of images of real children being abused, revictimizing those children all over again.”
The measures are part of California’s broader efforts to regulate the AI industry, which increasingly impacts the daily lives of Americans but has had little oversight in the United States. Earlier this month, Governor Newsom signed some of the toughest laws to tackle election deepfakes, although those laws are currently facing legal challenges.
Addressing Revenge Porn and Deepfakes
In addition to the measures targeting child exploitation, Governor Newsom signed two other bills aimed at strengthening laws against revenge porn, with the goal of protecting women, teenage girls, and others from sexual exploitation and harassment enabled by AI tools. It is now illegal for an adult to create or share AI-generated sexually explicit deepfakes of a person without their consent. Social media platforms are also required to provide users with the ability to report such material for removal.
Los Angeles County District Attorney George Gascón, whose office sponsored some of the proposals, expressed concern that the new penalties for sharing AI-generated revenge porn should have included individuals under 18 as well. “There have to be consequences; you don’t get a free pass because you’re under 18,” Gascón stated.
Growing Concerns Over AI Misuse
The issue of deepfakes and AI-generated harmful content is not new, but experts warn that the problem is escalating as the technology becomes more accessible and easier to use. Researchers have highlighted an explosion of AI-generated child sexual abuse material, which can involve depictions of real victims or virtual characters.
In a recent incident, a school district in Beverly Hills expelled five middle school students for creating and sharing fake nude images of their classmates. Such cases have prompted swift bipartisan action in nearly 30 states to address the proliferation of AI-generated sexually abusive materials.
California’s actions position the state as a potential leader in regulating the AI industry. Governor Newsom has touted California as an early adopter and regulator of AI technology, indicating that the state could soon deploy generative AI tools to address issues like highway congestion and provide tax guidance, even as his administration considers new rules against AI discrimination in hiring practices.
