Assembly Bill 1831 Successfully Clears Public Safety Committee

9 abril, 20249 abril, 2024 Redaccion

Ventura County District Attorney Erik Nasarenko testified in support of Assembly Bill 1831, during today’s Public Safety Committee hearing in Sacramento. The bill successfully passed out of the committee with no votes against it and will move on to the Privacy Committee. The proposed legislation, introduced by California Assemblymember Marc Berman and co-sponsored by District Attorney Nasarenko, seeks to strengthen laws against child sexual abuse material (CSAM), including AI-generated content, to better protect children from sexual exploitation and abuse.

“Right now, there is a gap in California Law,” said District Attorney Erik Nasarenko. “Changes need to be made to keep up with the quickly changing technology. This is a serious, prurient, and very disturbing problem that the law needs to address.”

AB 1831 begins by acknowledging the severe harm caused by the sexual abuse of children and the importance of preventing such exploitation. The bill recognizes that CSAM perpetuates the sexual exploitation of children, increases the risk of hands-on sexual offenses against minors, and normalizes the abuse of children.

One of the key concerns addressed in the bill is the emergence of artificial intelligence (AI) technology capable of creating images indistinguishable from traditional photographs, including CSAM. It emphasizes that the use of AI to generate CSAM is harmful as it continues the victimization of real children whose likeness is used in creating these images.

Sixteen-year-old Ventura County resident Kaylin Hayman is one of those real children. She testified in support of AB 1831 at today’s hearing. Hayman was victimized by a man in Pennsylvania who created CSAM featuring her face on sexually explicit images. Unpunishable by current California law, Hayman testified in the Federal Court case, where the defendant was convicted and faces 40 years in prison.

“While speaking about this topic is daunting, I know deep down I need to share my voice,” Hayman said. “I need to bring awareness and justice to those in my position. This is not only affecting children in the public eye, but also normal kids simply existing. These cases affect one’s social life as well as being detrimental to mental health. It truly gives the feeling of being alone, but to all other victims, I am living proof that you are not alone.”

AB 1831 makes proposed amendments to the Penal Code include defining «matter generated through the use of artificial intelligence» and expanding the definition of «obscene matter» to incorporate AI-generated content. It also revises existing sections related to the possession, distribution, and production of CSAM to explicitly include AI-generated material.

“California law must be crystal clear that the sexual exploitation of children is illegal, including when AI is used to create child sexual abuse material (CSAM) that is virtually indistinguishable from a real child,” said Assemblymember Berman. “I want to thank Kaylin Hayman, a survivor and victim advocate, for sharing her experience as a Disney child actor who endured AI-generated sexual exploitation. Her testimony today is a heartbreaking example of why we must pass AB 1831 to ensure our children are protected. My gratitude also goes to Ventura County District Attorney Erik Nasarenko for first raising this issue with me, and for his powerful advocacy for survivors.”

Other co-sponsors include the California District Attorneys Association, Common Sense Media, SAG-AFTRA, and University of San Diego School of Law Children’s Advocacy Institute.

“We applaud Assemblymember Marc Berman and District Attorney Erik Nasarenko for their efforts to halt the creation of disturbing sexual imagery of children using artificial intelligence,» said Danny Weiss, Chief Advocacy Officer for Common Sense Media. «After today’s hearing, we are hopeful that the legislature approves this bill, and that Gov. Newsom signs it into law and puts California at the forefront of one of the key kids’ and AI protections that are needed.”