Criminal Liability of Generative Artificial Intelligence Providers for User-Generated Child Sexual Abuse Material

The development of more powerful Generative Artificial Intelligence (GenAI) has expanded its capabilities and the variety of outputs. This has introduced significant legal challenges, including gray areas in various legal systems, such as the assessment of criminal liability for those responsible for these models. Therefore, we conducted a multidisciplinary study utilizing the statutory interpretation of relevant German laws, which, in conjunction with scenarios, provides a perspective on the different properties of GenAI in the context of Child Sexual Abuse Material (CSAM) generation. We found that generating CSAM with GenAI may have criminal and legal consequences not only for the user committing the primary offense but also for individuals responsible for the models, such as independent software developers, researchers, and company representatives. Additionally, the assessment of criminal liability may be affected by contextual and technical factors, including the type of generated image, content moderation policies, and the model's intended purpose. Based on our findings, we discussed the implications for different roles, as well as the requirements when developing such systems.

Legal Aspects for Software Developers Interested in Generative AI Applications

Recent successes in Generative Artificial Intelligence (GenAI) have led to new technologies capable of generating high-quality code, natural language, and images. The next step is to integrate GenAI technology into products, a task typically conducted by software developers. Such product development always comes with a certain risk of liability. Within this article, we want to shed light on the current state of two such risks: data protection and copyright. Both aspects are crucial for GenAI. This technology deals with data for both model training and generated output. We summarize key aspects regarding our current knowledge that every software developer involved in product development using GenAI should be aware of to avoid critical mistakes that may expose them to liability claims.