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Comment by babarock | Hacker News Reader

Genuinely curious what type of content would be considered illegal here.

- the tool is drawing original content. - the tool is executing on my laptop. - the output image is not shared with anyone.

In a way, whatever this tool can do, MS Paint could (theoretically) do.

Or am I misunderstanding the whole thing?

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There's a great wikipedia page on this very topic [1]. In some countries like Germany fictional porn isn't considered porn, while other countries like Australia or France consider the possession of drawings of naked minors a crime worthy of jail sentences. And then there's the US where having the images on a computer is fine, as long as they aren't sent over the internet and the computer never crosses state lines.

In general it's a topic people are careful about because the legal situation is complex, and in many countries associated with the potential of heavy jail sentences.

1: https://en.wikipedia.org/wiki/Legal_status_of_fictional_porn...

When you stop and think about it, it is kind of insane that a fictional drawing in private possession, not even communicated to anyone, is already sufficient to land someone in prison in so many jurisdictions. Isn't this a clear case of legislating moral purity (as opposed to actual harm)?

Nope. It is illegal if you do it on ms paint too. Images of naked kids (real or fiction) + transmitted over internet (ie state lines) = bad bad day for all involved.

> + transmitted over internet (ie state lines)

But OP specifically said: "the tool is executing on my laptop. - the output image is not shared with anyone."

Maybe use a desktop instead, because crossing state lines with that laptop might carry a jail sentence with a minimum term of 5 years.

I would assume that running an AI image generation software is something you'd do on a desktop anyway.

The state lines thing is only about federal crimes. Possession is most likely illegal as a state crime on its own. The repercussions of even being suspected of crimes in this area means that every rational person would take precautions far above what is legally necessary to prevent any association with such material.

But it requires transmission over the internet, right? This is actually very interesting. Am I legally allowed to draw naked kids for my own enjoyment in the comfort of my own home?

Simple possession is also a crime, just a state crime. The internet transmission triggers federal jurisdiction and federal charges. There is no safe/legal way to possess such images.

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