00:00:48.860Tax relief advocates, real solutions for real people.
00:00:53.300You might like to think that your texts or DMs are at least somewhat private when you communicate with people on social media platforms like Instagram.
00:01:00.680They're actually monitored automatically for any signs of criminal activity, particularly criminal activity that might endanger children.
00:01:06.620And that's why in October of 2023, Meta, which is the parent company of Instagram, was able to alert the feds about a 42-year-old man in Wisconsin named Stephen Anderegg.
00:01:18.820Now, Meta has been in the news lately for allowing Instagram to become a haven for child predators, as you may have seen.
00:01:25.180So they've implemented all kinds of monitoring systems and algorithm changes, agreed to settlements, etc.
00:01:31.260And in this case, they determined that Andereg was transmitting apparent child pornography to another user.
00:01:36.860And very quickly, the feds determined that Andereg was a software engineer with a background in AI models.
00:01:43.200They obtained a search warrant, seized all of AnderEgg's devices, including multiple cell phones and a laptop.
00:01:49.860At that point, the authorities discovered that AnderEgg had been entering text prompts into an AI model called stable diffusion.
00:01:57.460And the model generated thousands of explicit images depicting miners.
00:02:02.120And more specifically, AnderEgg had installed some third party software on top of stable diffusion, which allowed the model to create these kinds of images.
00:02:09.420So this was not something the model would have done by itself, you know, off the shelf, as it were.
00:02:14.860Anderegg was then charged with producing, distributing and possessing child sexual abuse material or CSAM.
00:02:23.200A man from Holman, Wisconsin, was arrested and charged from crimes relating to inappropriate AI generated images of children.
00:02:29.860The Wisconsin Department of Justice says 42 year old Stephen Anderegg used text to image generative AI model to create realistic images of new children.
00:02:39.420Now, that report was from two years ago. It seemed like a pretty straightforward case. Certainly, that's how the DOJ presented it.
00:02:47.800But last week, somewhat unexpectedly, the Seventh Circuit Court of Appeals upheld the dismissal of the possession charge against Anderreg, saying the First Amendment of the Constitution protects his right to possess obscene material in his own home.
00:03:04.120This ruling was based on two major Supreme Court precedents.
00:03:07.820The first precedent is that your home is a sacred space where you can be as obscene as you want.
00:03:13.360And additionally, the ruling was based on another Supreme Court precedent from 2002,
00:03:16.700which basically gave the green light to the possession of child pornography,
00:03:21.000as long as it was virtual child pornography, where no child was supposedly involved.
00:03:27.040Now, of course, in 2002, computer graphics, technology general were, in general,
00:03:31.060were nowhere near as advanced as they are today.
00:03:33.460They didn't have AI-generated images at all.
00:03:36.920But that distinction doesn't matter, at least according to the precedent that we have today.
00:03:40.040Several of the judges made it clear that they don't like the precedent.
00:03:43.240They want the Supreme Court to change their ruling on virtual child pornography,
00:03:46.540but they ruled that as the law stands, you can possess AI-generated child pornography as long as it's contained within the home.
00:03:55.400Quoting from the ruling, the Constitution extends special safeguards to the privacy of the home.
00:03:59.860The Supreme Court has held that the state's power simply does not extend to mere possession by the individual in the privacy of his own home.
00:04:07.800If the First Amendment means anything, the court explained, it means that a state has no business telling a man sitting alone in his own house what books he may read or what films he may watch.
00:04:18.780So to be clear, Anderegg still faces charges of distributing and manufacturing this material.
00:04:24.200So he's on he's on the hook for transmitting the material and for using his computer to create them.
00:04:31.320But if this ruling stands, he won't face a possession charge.
00:04:34.140So basically, if you're in your own home, then you can legally possess this horrific, immoral, evil material that obviously no human being should ever have.
00:04:44.720And as long as you don't send it to somebody else.
00:04:47.160now it's it's needs to be pointed out here that yes this ruling is is as incoherent as it sounds
00:04:55.340if something is too horrible to give to someone else or to you know make it then it's too horrible
00:05:03.000to possess in your own home i mean it seems pretty obvious yet you should be secure in your home from
00:05:08.460any kind of unlawful government search or seizure the government shouldn't be able to monitor uh you
00:05:15.060know what goes on inside your home whenever they want but at the same time the government can
00:05:19.040absolutely make it a crime to possess certain things inside your property and this should
00:05:23.960obviously be one of them. Now nevertheless depending on who you ask this ruling is either
00:05:29.020a validation of our right to privacy your home is your castle and so on or it's effectively the
00:05:34.720legalization of child pornography in the United States. I mean after all you can imagine the
00:05:38.760difficulty prosecutors might have in the future if they need to prove that a certain image is
00:05:43.480genuine as opposed to AI generated. This decision opens up many different avenues for pedophiles to
00:05:49.920fight their convictions, and it could lead to a mass release of these degenerates all over the
00:05:55.420country. It's going to be the number one defense of every pedophile from this moment forward,
00:06:00.600at least in the Seventh Circuit. Oh yeah, that's not real. It's just AI, they'll say.
00:06:05.740How exactly are the prosecutors going to disprove that beyond any reasonable doubt?
00:06:08.960In some cases, it may not be as easy as it seems, and it's only going to get more difficult as the technology improves.
00:06:16.360And the same problem applies to all video evidence in court, by the way.
00:06:19.020It's a nightmare with no obvious solution.
00:06:22.240Now, first, it's important to understand that Andereg is not alone.
00:06:25.600AI-generated child pornography is a booming industry.
00:06:28.680There are many, many more cases like this.
00:06:31.060So here's an ongoing case out of New Mexico, for example.
00:16:19.340There was a rebellion over this tax and how it was enforced, but in the end, the law survived.
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00:17:31.140borrow better. If you own a home, you know the temptation to ignore a problem and hope it goes
00:17:36.140away. The dishwasher starts making a strange noise. You close the kitchen door. There, you
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00:18:35.000apply. See representative for warranty and promotion details. So know that the founders
00:18:40.100did not believe that you have some absolute right to avoid searches or seizures when you're outside
00:18:44.180your home. Quite the opposite. When you engage in an activity that the government has an interest
00:18:48.340in regulating, whether you're traveling to a port or selling whiskey, Ben Franklin would have no
00:18:53.280problem with the authorities searching your stuff without a warrant. That's because, again,
00:18:57.120the right to privacy as such did not exist. It hadn't been invented yet by activist courts
00:19:03.280looking to legitimize baby murder and other atrocities. In the Roe decision, the Supreme
00:19:08.620Court found in the Constitution a right to abortion, even though abortion is never mentioned
00:19:14.800anywhere in the document, nor did any of the framers even hint that they had prenatal homicide
00:19:20.260in mind when they wrote it, obviously. The court recognized this obstacle, so it inferred a right
00:19:25.020to abortion from the right to privacy found in the 14th Amendment. The only problem, of course,
00:19:30.460is that the 14th Amendment doesn't say anything about a right to privacy. The phrase right to
00:19:34.300privacy appears nowhere in the Bill of Rights at all. And even if it did, of course, it would
00:19:38.400require a galactic leap of logic to get from I have a right to privacy to I have a right to
00:19:42.260directly kill this biological human life. So the court founded its right to abortion, which is not
00:19:47.080enumerated, on another right that is not enumerated, and which even if it were enumerated, still would
00:19:51.340not logically apply to abortion. Now, Roe, of course, has been overturned, but the general right
00:19:56.020to privacy fiction remains. And, you know, when I say fiction, the point is not that we should
00:20:00.860have no privacy or that the government has the magical right to invade our privacy whenever it
00:20:05.760wants. Obviously, neither of those are the case or should be the case anyway. The point is that
00:20:11.620the right to privacy is not some sort of absolute legal principle. It can't be. Just because you're
00:20:16.720doing something in private doesn't necessarily make it okay or legal. A great majority of the
00:20:22.480crimes people commit every single day are committed by someone, at least attempting to be,
00:20:26.580at some level, secretive or private about it. Enforcing laws and arresting criminals will always
00:20:33.260involve an invasion of privacy. And so privacy cannot be sacrosanct. It is conditional.
00:20:40.860And the Constitution already recognized that and laid out some of the conditions,
00:20:44.060which is why by the Fourth Amendment, you don't have a right to be
00:20:47.080freeze from search and seizure generally, but from unreasonable search and seizure? Well,
00:20:52.860what counts as unreasonable? That's a qualifier that's been debated for like 230 years and will
00:20:59.120be debated for another 230 years if we're still around. There's really no way around it. Because
00:21:04.260the only way around it is to dispense with the qualifiers and declare that you either have an
00:21:08.060absolute unquestioned right to privacy in all cases or no right to privacy in any case at all,
00:21:13.640and neither of those extremes are workable or rational. So that takes us back to the case of
00:21:19.600Stephen Anderegg and other pedophiles who are using AI to create child pornography. Yes,
00:21:24.860Anderegg was being charged for conduct inside his own home, which is different from being out
00:21:30.320in public. Treated differently, legally, often. The home is entitled to far more protections than
00:21:39.500anywhere else in terms of privacy. But once again, that cannot be absolute. There's a reason you're
00:21:45.860not allowed to possess a nuclear bomb in your home or a dead body. Even in your own home,
00:21:52.040the right to privacy is not absolute. It can't be. Which was my position, which you've probably
00:21:58.360deduced by now, is that we should absolutely, of course, ban AI from making this stuff and
00:22:03.140arrest anyone who consumes it. Pretty simple. It might not be easy to enforce in every case,
00:22:09.500because of how widespread this technology is, but it's simple. It's a simple thing.
00:22:17.600Now, even if you can somehow prove that the AI model didn't rely on any actual pictures of
00:22:22.880children, which, you know, you can't, it doesn't matter. Nor does it matter if some pedophile is
00:22:29.520merely possessing this material in his own home where he supposedly wasn't hurting anyone else.
00:22:33.840This logic, the idea that, you know, if it doesn't hurt anyone, then it's fine,
00:22:36.900has infested our culture and conservatism more generally for decades.
00:22:41.220And in every single case, or in a great majority of cases,
00:22:45.720it makes society worse for everybody.0.75
00:27:26.140No. Does it help society or the country in any way for people to be doing this? Obviously not.
00:27:33.340Is it grotesque and evil and bad? Obviously it is. Therefore it should be banned.
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00:29:48.500If you've got something that you don't have a right to do it, it's not a God-given right, it does not improve society in any way, it's horrifically evil, and degrades society at a minimum.
00:30:04.560In all those cases, that thing should be banned, whatever it is.
00:30:10.560That's why you have the concept of banning things.
00:30:12.480It's for precisely those kinds of things.
00:30:16.120There's no real argument to not ban it.
00:30:19.360Now, people will argue that, well, you know, we have violent video games like Grand Theft Auto, and they allow you to do horrible things as well, like shoot police officers.
00:30:28.120Although I'll note that they don't allow you to murder children, much less sexually assault them.
00:30:32.300And yes, it's clearly a net negative for society, I would say, to have millions of children murdering police officers in a game for fun.
00:30:41.880But there are two important distinctions to draw here.
00:30:44.200First, Grand Theft Auto has a narrative, at least superficially.
00:30:48.080the games have a story that you're working through. And even when you take a detour to
00:30:52.260commit an act of domestic terrorism in the game, you're still playing as one of the characters from
00:30:56.360that narrative. And secondly, and more to the point, and this is really all that needs to be
00:31:00.860said, is you have to draw lines somewhere. Obviously, we all agree that there have to be
00:31:05.940lines. And if we can't draw the line here, then where exactly do you draw them?
00:31:13.720And this is where I disagree with a lot of commentators on the common good conservatism
00:31:17.620debate. It's a question of whether the government should only protect individual liberty or does it
00:31:24.040have a role in protecting the general welfare of its people and to some extent promoting public
00:31:28.800virtue. And I would say the government does have an obligation in the latter respect to protect
00:31:35.200the general welfare. If you're an individual liberty conservative, then you have no argument
00:31:40.900really, or only a weak one for banning AI-generated child pornography. If you believe the government
00:31:48.260should be protecting the general welfare of the people, on the other hand, then it's not even a
00:31:53.800question. Like, obviously this should be banned. But the government, for the most part, has been
00:31:59.540totally powerless against this evil. The attitude seems to be that, you know, AI exists and will do
00:32:06.140whatever it wants. And there's nothing we can do to stop any of it. So why even try?
00:32:13.140Obviously, there's plenty of AI alarmism on the other side. And we've talked about that
00:32:17.680previously. There are various factions that want to shut down AI for political reasons or because
00:32:22.680it gets clicks or because they're paid by China or whatever. But the AI defeatism, right? The
00:32:28.440attitude that, well, we can't and shouldn't even try to do anything to regulate AI at all,
00:32:33.720even in these really extreme cases like AI child pornography, that is just as extreme in the other
00:32:40.820direction. And it's kind of hysterical in its own way. Because it also seems to say that AI is like
00:32:50.980this mystical, unstoppable force, and we're utterly powerless in its grasp. There's nothing
00:32:57.840we could do at all. No laws could have any effect. I find that to also be hysterical.
00:33:06.540It's a technology. That's what it is. It's not magic. And so we don't need to treat it like evil
00:33:12.800sorcery, but we also shouldn't treat it as some sort of God that cannot be in any way controlled
00:33:19.220and we shouldn't even try. And also the idea that we can't possibly regulate anything that
00:33:26.920takes place in the home or even on public streets, again, is an extreme. It's a kind of hysteria.
00:33:34.340These are positions that on the surface appear to be pro-liberty, anti-authoritarian, even
00:33:39.200patriotic. But in fact, the idea that we shouldn't regulate AI at all or anything like that, but
00:33:44.940in fact, they are the antithesis of what the founders and the constitution stood for. They
00:33:49.160represent a breathtaking miscalculation about the severity of the threats we face and that our
00:33:54.480children face. No, we shouldn't give up any essential liberty in exchange for temporary
00:34:00.120safety. Franklin was right about that. But the right to possess AI child porn on our computers
00:34:05.300is not an essential liberty. When we deny that a civilized society necessarily involves trade-offs,
00:34:13.020when we buy into Obama's tripe about false choices, then we invite collapse at the
00:34:17.480civilizational level. Some lines need to be drawn. And if we can't draw the line at this,
00:34:25.500then we can't draw any line anywhere for any reason. As the saying goes, our constitution
00:34:30.280is not a suicide pact. Before our children are made to endure any more of these horrors,
00:34:36.000it's incumbent on the courts to stop pretending that it is.
00:34:41.060That'll do it for the show today. Thanks for watching. Thanks for listening. Talk to you