An Alaska-based soldier at Joint Base Elmendorf-Richardson who was indicted last month on charges related to possessing child sexual abuse material, had allegedly made thousands of images using artificial intelligence.
There is no federal or military law that outright criminalizes the use of AI to create explicit materials, but military lawyers say that the Department of Defense has other methods to hold service members accountable, according to an account from TaskandPurpose.com, which reports on military news.
The defendant, Seth Herrera, 34, transported, received and possessed files depicting child sexual abuse. Herrera also allegedly used artificial intelligence to generate child sexual abuse materials depicting children who are known to him.
Court documents further allege that law enforcement uncovered tens of thousands of visual depictions of the violent sexual abuse of children as young as infants on cellphones belonging to the defendant. Herrera also allegedly used encrypted messaging applications and network applications to find, receive and download child sexual abuse materials.
Herrera is charged with one count of transportation of child pornography, one count of receipt of child pornography and one count of possession of child pornography. The defendant had his first court appearance on Aug. 27, before U.S. Magistrate Judge Reardon of the U.S. District Court for the District of Alaska.
If convicted, he faces a mandatory minimum penalty of 5 years in prison and up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“The misuse of cutting-edge generative AI is accelerating the proliferation of dangerous content, including child sexual abuse material – so the Department of Justice is accelerating its enforcement efforts,” said Deputy Attorney General Lisa Monaco. “As alleged, the defendant used AI tools to morph images of real kids into horrific child sexual abuse material. Criminals considering the use of AI to perpetuate their crimes should stop and think twice – because the Department of Justice is prosecuting AI-enabled criminal conduct to the fullest extent of the law and will seek increased sentences wherever warranted.”
“Technology may change, but our commitment to protecting children will not,” said S. Lane Tucker, U.S. Attorney for the District of Alaska. “We will aggressively pursue those who produce and traffic in child sexual abuse material (CSAM), no matter how that material was created. Put simply, CSAM generated by AI is still CSAM, and those who sexually exploit children, through whatever technological means, will be held accountable by our office in conjunction with our law enforcement partners, for justice and the safety of our children.”
“The charges against Herrera, a U.S. military soldier, for trafficking and generating child sexual abuse materials using artificial intelligence represent a profound violation of trust as well as preview of the challenges law enforcement continues to face in this evolving threat to our children” said Special Agent in Charge Robert Hammer of Homeland Security Investigations (HSI) Pacific Northwest Division. “This appalling misconduct undermines Herrera’s commitment to defending both our nation and its most vulnerable members.”
But according to TaskandPurpose, in a separate case, Air Force Staff Sgt. Remington Carlisle was charged with possessing and viewing anime porn depicting childlike characters. A judge ruled that the videos and images depicted “fictional cartoon characters,” “not persons,” “not human beings,” and therefore do not fall under definitions that are prosecutable with Article 134. in May, an Air Force criminal appeals judges unanimously ruled in the original judge erred in his decision and called for a trial.
“They argue that these anime videos and images do meet the definition of child pornography in accordance with Article 134, UCMJ,” the appellate judges wrote in their decision. “We hold that whether the videos and images meet the definition of child pornography as set forth by the President is a factual question to be resolved by the fact-finder at trial.”
“While there is no UCMJ article that specifically criminalizes actions related to possessing or distributing child sexual abuse material, prosecutors have opted for Article 134 which allows troops to be court-martialed for violating non-capital federal civilian offenses,” TaskandPurpose wrote at this link.
I believe, given time, the public sector unions will change their tacit endorsement of these actions to open encouragement. The unions thrive on societal dysfunction and dependency, whether it be corrupting the mind with pharmaceuticals, pornography, or simple dependencies. Public sector unions thrive when society decays. AI is a tool, not unlike a weapon. In the wrong hands, just like authority, the results are devasting. The pendulum is reaching the apex of absurdity. Expect more, not less, corruption of the human soul. What do the unions have to do with societal decay? Everything, because their existence depends on it. Keep those due current!
Pervert, I like the millstone around his neck treatment. Came from a very reliable source.
Here is something to think about:
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What if your political enemies use AI to doctor up false images of child abuse and link it to you?