Ohio lawmakers seek to protect minors from AI-generated abuse

Online child pornography is an all-too common problem and it's one that can be made even worse with the use of new technology. 

A new bill proposed by two Ohio lawmakers would make it illegal to possess or create fake child pornography.

Senate Bill 217 would outlaw using artificial intelligence to create obscene images of children, even if no real children were harmed.

But what if the images aren't actually real?

The newly introduced bill would make it a felony to possess or distribute sexually explicit images of children that are completely AI-generated. 

One children services advocate said this is a huge step in preventing online exploitation.

"We need an arsenal of tools in our toolbox to help keep kids safe, so this expansion of the law is one of those," Marilyn Pape, incoming executive director of Trumbull County Children Services said. 

The new bill would help target fake but realistic looking images, and Pape along with lawmakers said that even if the image is not of a real person, these actions could still lead to real children being abused.

Would the bill be enough to save it from legal challenges? 

First amendment attorney, Brian O'Connor said a similar law was overturned by the United States Supreme Court more than two decades ago.

The reason was because the language was too broad and could represent an illegal infringement on free speech rights.

He advises lawmakers to ensure this bill does not make that mistake.

Think of it like this: Shakespeare's 'Romeo and Juliet' is about two teenage lovers. When you read that story, there are no actual underage people engaging in sexual activity.

Can that be considered child pornography?

"Is that immediately a criminal act just because a computer has gone through and created something that someone else believes is sexually explicit? It's a tough thing that [lawmakers]  really have to consider and I hope they would study the issue and be more narrow before they enact something into law. "  O'Connor said.