Seventh Circuit Dismisses AI-CSAM Possession Charge Under 2002 Precedent
Updated
Updated · Fox News · Aug 29
Seventh Circuit Dismisses AI-CSAM Possession Charge Under 2002 Precedent
3 articles · Updated · Fox News · Aug 29
Summary
One of four charges against Steven Anderegg was thrown out after the Seventh Circuit upheld a lower court ruling that private possession of AI-generated child sexual abuse material could not be criminalized on this record.
The panel said a 2002 Supreme Court decision protecting sexually explicit depictions of fictional children created without real minors bound its hands, even as the Justice Department argued obscene virtual material should still be banned.
Hundreds of AI-generated images were found on devices seized from Anderegg’s Wisconsin home, but production, distribution and transfer-to-a-minor charges remain pending because only the possession count was dismissed.
Two judges warned AI now produces images nearly indistinguishable from real abuse and may even rely on datasets containing CSAM, exposing a widening gap between old First Amendment doctrine and current technology.
The ruling lands as prosecutors tout the first conviction under Melania Trump’s Take It Down Act, highlighting how fast-moving AI is outpacing existing child-exploitation law.