The Problem of criminal Liability for Generating Pornography Using artificial intelligence

The process of advancement of artificial intelligence (hereinafter: AI) seen in recent years results in breakthroughs in many areas of human life, such as medicine, agriculture, and science. However, despite its many advantages and benefits, it also inevitably creates room for abuse. This is part...

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Main Author: Marcin Niedbała
Format: Article
Language:deu
Published: Kozminski University 2024-12-01
Series:Krytyka Prawa
Subjects:
Online Access:https://journals.kozminski.edu.pl/pub/7301
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author Marcin Niedbała
author_facet Marcin Niedbała
author_sort Marcin Niedbała
collection DOAJ
description The process of advancement of artificial intelligence (hereinafter: AI) seen in recent years results in breakthroughs in many areas of human life, such as medicine, agriculture, and science. However, despite its many advantages and benefits, it also inevitably creates room for abuse. This is particularly true of child pornography, where AI systems are increasingly being used to generate nude images of minors – both existing in reality and fictional. These cases, given much attention in the public debate, cause doubts as to whether existing normative solutions are suitable to combat this new phenomenon. The article aims to answer the question of whether the existing law makes it possible to successfully prosecute perpetrators who use AI systems to generate child pornography (including that depicting fictional charac ters). In addition, it also offers an analysis of the criminal liability of the developers of the AI systems used in this process and of the hosting providers managing the websites used to distribute such pornographic content.
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spelling doaj.art-2cc41d9ac0a544fb9dbe0b50cbfec62b2024-03-01T10:24:06ZdeuKozminski UniversityKrytyka Prawa2080-10842450-79382024-12-01154697910.7206/kp.2080-1084.639The Problem of criminal Liability for Generating Pornography Using artificial intelligenceMarcin Niedbałahttps://orcid.org/0000-0001-9580-9707The process of advancement of artificial intelligence (hereinafter: AI) seen in recent years results in breakthroughs in many areas of human life, such as medicine, agriculture, and science. However, despite its many advantages and benefits, it also inevitably creates room for abuse. This is particularly true of child pornography, where AI systems are increasingly being used to generate nude images of minors – both existing in reality and fictional. These cases, given much attention in the public debate, cause doubts as to whether existing normative solutions are suitable to combat this new phenomenon. The article aims to answer the question of whether the existing law makes it possible to successfully prosecute perpetrators who use AI systems to generate child pornography (including that depicting fictional charac ters). In addition, it also offers an analysis of the criminal liability of the developers of the AI systems used in this process and of the hosting providers managing the websites used to distribute such pornographic content.https://journals.kozminski.edu.pl/pub/7301artificial intelligencechild pornographycriminal law
spellingShingle Marcin Niedbała
The Problem of criminal Liability for Generating Pornography Using artificial intelligence
Krytyka Prawa
artificial intelligence
child pornography
criminal law
title The Problem of criminal Liability for Generating Pornography Using artificial intelligence
title_full The Problem of criminal Liability for Generating Pornography Using artificial intelligence
title_fullStr The Problem of criminal Liability for Generating Pornography Using artificial intelligence
title_full_unstemmed The Problem of criminal Liability for Generating Pornography Using artificial intelligence
title_short The Problem of criminal Liability for Generating Pornography Using artificial intelligence
title_sort problem of criminal liability for generating pornography using artificial intelligence
topic artificial intelligence
child pornography
criminal law
url https://journals.kozminski.edu.pl/pub/7301
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