DOJ Official: No Gaps in Federal Law for Prosecuting CSAM

DOJ said current laws are sufficient to prosecute child sexual abuse material (CSAM) crimes, including AI-generated deep fakes, a federal prosecutor said Wednesday.

Ross Goldman, senior policy and appellate counsel with DOJ’s Child Exploitation and Obscenity Section, told a Center for Strategic and International Studies panel that there are “no gaps” in federal law. CSAM deep fake crimes can be prosecuted using the federal definition of child pornography, and federal courts have sustained such convictions in the face of First Amendment challenges, he said. Federal obscenity law covers crimes related to AI-generated material that are deemed obscene, even if a child isn’t identifiable, he said: “We have the federal criminal tools that we need.”

Several members of Congress are pursuing legislation that would update or create laws that they believe will help enforcers prosecute AI-generated CSAM. Senate Judiciary Committee Chairman Dick Durbin, D-Ill., and Senate Commerce Committee ranking member Ted Cruz, R-Texas, have introduced separate bills that would establish greater legal recourse for victims (see 2406210047).

In addition, CSAM remains a focus for several congressional task forces and working groups on Capitol Hill, said the House's Congressional AI Caucus Vice Chair Don Beyer, D-Va. Speaking separately at Wednesday’s symposium, Beyer highlighted a House working group of 12 Democrats and 12 Republicans, led by Reps. Jay Obernolte, R-Calif., and Ted Lieu, D-Calif. The group has identified at least 14 bills members think can pass this year, and is planning to host an “AI week” after the November election, said Beyer.

Beyer said that until about three years ago, Congress mostly “sat around and talked about the doomer,” science-fiction related scenarios related to AI. That conversation changed with the rise of ChatGPT and the awareness that AI is affecting every aspect of life, he said.

Beyer pushed for passage of his caucus’ Creating Resources for Every American To Experiment with Artificial Intelligence (Create AI) Act. The bill would create a national research organization providing AI researchers and students with “greater access to the complex resources, data, and tools needed to develop safe and trustworthy artificial intelligence.” Three members of a working group led by Senate Majority Leader Chuck Schumer, D-N.Y. -- Sens. Martin Heinrich, D-N.M.; Todd Young, R-Ind.; and Sen. Mike Rounds, R-S.D. -- introduced companion legislation in the upper chamber.

Beyer said the legislation's purpose is to help ensure the benefits of large language AI models are available to small businesses and individual households, not just major tech companies. He highlighted the work of FTC Chair Lina Khan and the commission to increase competition and decrease concentration in AI markets.

Another DOJ official said the department is working with AI companies to better understand how cyber criminals are exploiting AI technology. Nicole Argentieri, a principal deputy assistant attorney general with the Criminal Division, said DOJ is finding ways that platforms can collaborate with the government to identify illegal activity. She credited tech companies for signing President Joe Biden’s voluntary AI commitments, which are meant to ensure safe and secure development of the technology (see 2407260027).