Legal Pitfalls Surrounding AI Use
Artificial intelligence is changing how technology integrates into daily life, but its rapid adoption brings significant legal challenges. Recent cases and legislative actions highlight the need for clear legal frameworks to address AI's unique risks and applications.
Tennessee’s Law on AI-Generated Child Pornography
In Tennessee, a recent case involved a man charged with aggravated sexual exploitation of a minor after authorities found over 100 images—both real and AI-generated—of child pornography on his devices. This case shines a spotlight on a new Tennessee law addressing AI-generated child exploitation material.
Signed by Governor Bill Lee in April and effective July 1, this law criminalizes the creation and distribution of technology specifically designed to produce AI-generated child pornography. Possession of such software is classified as a Class E felony, distribution as Class C, and creation as Class B. Senator Ken Yager, who sponsored the bill, emphasized that the law targets harmful AI use without restricting legitimate AI development.
Law enforcement nationwide is intensifying efforts to combat AI-generated child sexual abuse imagery, including both manipulated photos and computer-generated depictions of minors.
Broader AI Regulation Efforts
Beyond child protection, Tennessee has taken other steps to regulate AI. The ELVIS Act, passed last year, extends legal protection to singers against unauthorized AI use of their voices. This builds on existing rights concerning a person’s likeness by explicitly adding the voice as a protected element.
At the federal level, Senators Marsha Blackburn, Peter Welch, and Josh Hawley recently introduced the TRAIN Act. This bill would allow copyright holders—such as musicians, artists, and writers—to access AI training records. The goal is to provide a legal path for creators to protect their works if used without consent in training generative AI models.
Challenges to AI Regulation
Efforts to regulate AI faced setbacks earlier this year when a proposed federal bill included a provision blocking states from enacting AI regulations for ten years, threatening federal broadband funding for non-compliance. This clause met significant opposition, including from Rep. Marjorie Taylor Greene. Senator Blackburn successfully amended the bill, removing the ban with a 99-1 vote.
Risks of AI Misuse
AI's risks extend beyond legal violations to personal safety concerns. For example, a man who consulted ChatGPT for a salt substitute was advised to use sodium bromide—a toxic chemical not intended for consumption. After using it for months, he required hospitalization. This illustrates how AI can provide dangerously inaccurate information without proper safeguards.
Legal professionals working with AI-related cases should be aware of these emerging laws and the challenges AI presents. Understanding the regulatory landscape and potential liabilities is critical as AI tools become more prevalent across industries.
- Tennessee AI Child Pornography Law: Classifies creation, possession, and distribution of AI tools for child exploitation as felonies.
- ELVIS Act: Protects singers from unauthorized AI voice replication.
- TRAIN Act: Proposes transparency in AI training datasets to protect copyright holders.
- Federal Regulation Challenges: Overturned a 10-year state regulatory ban on AI laws.
- AI Safety Risks: AI can provide harmful advice, posing legal and health risks.
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