The generation of non-consensual nude images and child sex abuse images using artificial intelligence is a problem as old as the technology itself. But it has mostly been the purview of niche sites that use social media to promote their sordid wares. The decision by xAI, the artificial intelligence and social media business backed by Elon Musk, to simplify the process of creating and sharing such images has the potential to mainstream the practice.
The updates to Grok – the company’s AI tool – introduced last month are in tune with Musk’s libertarian values, as is xAI’s assertion that it is above regulation by the State and the EU. It also speaks to the intense competition between the leading AI companies to achieve dominance that child protection and the right to privacy are given such little weight.
The announcement, made in the wake of public concern, that the image making function will be for paying subscribers only can be viewed as cynical, but will in theory allow the platform to identify individuals who misuse the function.
The controversy is another example of the whack-a-mole nature of efforts by authorities to police social media. The paucity of the tools at the Government’s disposal has been exposed. The sharing of non-consensual intimate images and child sex abuse images is already against the law here and the Attorney General has been asked to see if the legislation in this area might be relevant. The answer is not clear but the concern on the part of elected representatives is a positive development and in tune with wider public sentiment.
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The best hope for policing AI is the EU AI Act which in the process of being implemented across the bloc. The first of its kind globally, it seeks to limit the risks presented by the new technology and covers both deep fakes and “nudifcation”. As with any law, enforcement is the key. The current arrangement whereby responsibility is spread across 15 agencies, including the Data Protection Commission and Coimisiún na Meán, militates against clear lines of accountability and should be reconsidered.
