Skip to content
Submit incident
AII-1000-48379
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.

US appeals court rules private possession of AI-generated CSAM protected by First Amendment

A federal appeals court ruled that the First Amendment protects private possession of AI-generated child sexual abuse material that does not depict real children, based on Supreme Court precedent from 1969. The decision created a legal gap where producing and distributing such material remains prosecutable, but private possession is protected. Two judges expressed concern about the ruling's implications given advancing AI technology.

28 August 2026 Β· Steven Anderegg Β· Harmful and abusive content
28 August 2026
AII-1000-483792 sources ↓
Quick facts
Category
Harmful and abusive content
Country
United States
Source
The Daily Wire
Date
28 August 2026
Drafted by
Raidu Incident Detection

What happened

The 7th U.S. Circuit Court of Appeals ruled that the First Amendment protects private possession of AI-generated child sexual abuse material (CSAM) that does not depict real children. Steven Anderegg, a Wisconsin man, was accused of using an AI image generator to create thousands of sexually explicit images depicting children. Meta reported to the National Center for Missing and Exploited Children that an Instagram user had sent apparent AI-generated CSAM to an account belonging to a minor, which prompted the investigation.

Reported impact

Two judges acknowledged the decision created concerning legal implications. Judge John Lee wrote: 'We now live in an age where GenAI models can render images depicting the abuse of virtual children that are virtually indistinguishable from those depicting the abuse of actual children.'

Index analysis

The court found that existing Supreme Court precedent dating to 1969 prevents the government from criminalizing the private possession of AI-generated CSAM, even though the production and distribution of such material remain prosecutable offenses. The decision exposes a gap between decades-old Supreme Court precedent and modern artificial intelligence technology.

Governance controls

The charges against Anderegg involving production, distribution of AI-generated CSAM, and allegedly sending the material to a 15-year-old boy remain pending. The court emphasized that while private possession of AI-generated material is protected, the conduct of creating and distributing it remains prosecutable.

Classification

Category
Harmful and abusive content
Industry
Media, social platforms and marketing
Country
United States
Harm status
Potential harm
Intent
Intentional
Timing
Unknown
Harm types
Public interest, Other
Harmed
Children, General public
Consequences
Litigation
AI systems
AI image generator

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

The Daily Wire
You Can't Be Charged For Possessing AI Child Porn, Court Rules
29 August 2026
Fox News
Appeals court delivers unsettling ruling -- and says Supreme Court left it no choice
29 August 2026