Laws that also apply to AI use, particularly in content regulation and other related scenarios (e.g. memes), intellectual property violations or privacy issues (which includes NSFW). There has been a surge in the development of artificial intelligence technologies, from NSFW AI to others with more dubious potential applications around deep-fakes and other AI-generated content. The Europeans brought the AI regulations to an even greater level when in 2023 they passed their own laws (AI ACT) governing various systems like those involved with making porn. Developers are required to comply with human rights, privacy and intellectual property law under this legislation in addition.
While in the US, laws such as Section 230 of the Communications Decency Act do provide some immunity to online platforms hosting user generated content, an increase in demand for changes being brought about especially when it comes to NSFW juxtaposed with AI. The use of deepfakes or content that is offensive could also result in legal troubles since several U.S. states have already enacted legislation to address the creation and dissemination of deceptive audio recordings, including Californiaand Texas. The other comes with a hefty fine, as well 5 years of your life because that last thing you knew is now illegal.
It is a view echoed by experts such as John Villasenor, senior fellow at the Brookings Institution: “Regulating AI will involve striking a [a] balance between enabling innovation and safeguarding citizens against harm”. The latter should have a qualitative indication, particularly in the case of NSFW AI which can straddle ethics and law as explicit content tends to.
Due to privacy concerns, one of the issues that may arise from an AI model like this is whether or not they fall under existing laws regarding use and abuse based on real person images. The UK is one such country that has established legislation to secure the rights and dignity of individuals who may have their likeness, including nudity or sexual content created by AI technologies without consent. The year 2021 saw AI-generated pornography garner over 70% of the entire complaints made to UK's Information Commissioner’s Office (ICO) regarding nonconsensual sexual image abuse.
While there are different regulations from country to county, the move for a global scale toward stricter guidelines on how NSFW generated contents by AI is also true. As long as it continues to rise, creators and consumers of NSFW AI need to understand the legal risks that are being taken on.
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