When “Sweetie” is not so Sweet: Artificial Intelligence and its Implications for Child Pornography

The production of child pornography using Artificial Intelligence is poised to potentially evade current laws protecting child abuse. Artificial Intelligence “DeepFakes” can be used to create indistinguishable videos and images of child abuse, without actual child abuse ever occurring. This Note proposes two solutions for curbing this inevitable dilemma. First, Artificial Intelligence should fall under the “computer‐generated” terminology found in the 18 U.S.C. § 2256(8) definition of child pornography. Second, if Artificial Intelligence cannot be considered to fall under that definition, then 18 U.S.C. § 2256(8) should be amended to include “Artificial Intelligence‐generation.”