The Privacy of AI Obscenity: United States v. Anderegg

This legal opinion from the Seventh Circuit Court of Appeals addresses whether the government can criminalize the private possession of obscene, AI-generated child sexual abuse material. The court examined the case of Steven Anderegg, a software engineer who used generative artificial intelligence to create realistic but entirely virtual depictions of minors. While the government argued that such technology harms children by fueling demand and complicating law enforcement efforts, the court found that decades-old Supreme Court precedents protect the right to possess such materials within the privacy of the home. Specifically, the judges concluded that because the images do not feature actual human victims, they do not fall under the exceptions that allow for the prohibition of real child pornography. Consequently, the court affirmed the dismissal of the possession charge, though the judges noted that rapidly advancing technology may soon require the Supreme Court to revisit these constitutional boundaries. The ruling emphasizes that while GenAI makes virtual abuse indistinguishable from reality, lower courts remain bound by existing First Amendment protections regarding private thought and home life.