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.”
I think AI images should be watermarked, but this would just lead people to watermarking their CSAM and detectives putting no effort into determining if the watermark was added by a person or a program. All the sudden a hard drive full of CSAM looks legal because they slapped a filter on it. AI generated CSAM should be illegal, like all CSAM.