Justice Thomas too forecasted that “technology may evolve to the point where it becomes impossible to enforce actual child pornography laws because the Government cannot prove that certain pornographic images are of real children.” In his view, “if technological advances thwart prosecution of ‘unlawful speech,’ the Government may well have a compelling interest in barring or otherwise regulating some narrow category of ‘lawful speech’ in order to enforce effectively laws against pornography made through the abuse of real children.”



There are adult porn models who have popularity based on how youthful their appearance is. Small, even almost flat chests, for example. Which is to say that AI knows how to draw those bodies proportionately. Take those models, add in pictures of children in swimsuits, and AI has all the information to infer what a nude child looks like.
And that’s before opening up the extremely gray area of perfectly legal photos which nonetheless depict nude children.
The reality is if you try to scrape all available images from the internet you will unavoidably ingest CSAM, but even if you could perfectly filter that out, AI would be able to easily create such depictions.