DOJ's First Recorded Arrest for AI-Generated Child Sexual Abuse Material (CSAM)

US Department of Justice Arrests Wisconsin Man for AI-Generated Child Sexual Abuse Material

Last week, the US Department of Justice (DOJ) arrested Steven Anderegg, a 42-year-old software engineer from Holmen, Wisconsin, for generating and distributing AI-generated child sexual abuse material (CSAM). This case marks a significant legal precedent, as the DOJ aims to clarify that exploitative materials remain illegal, even if no real children were involved in their creation. “Put simply, CSAM generated by AI is still CSAM,” stated Deputy Attorney General Lisa Monaco in a press release.

According to the DOJ, Anderegg utilized a modified version of the open-source AI image generator Stable Diffusion to create disturbing images. He allegedly tried to lure a 15-year-old boy into sexual situations by sending him these images via direct messages on Instagram. The DOJ has charged him with four counts of "producing, distributing, and possessing obscene visual depictions of minors engaged in sexually explicit conduct and transferring obscene material to a minor under the age of 16." The explicit images exhibited "nude or partially clothed minors lasciviously displaying or touching their genitals or engaging in sexual intercourse with men."

To generate these images, Anderegg reportedly employed specific prompts—including negative prompts to steer the AI away from unwanted outputs. While cloud-based image generators like Midjourney and DALL-E 3 are equipped with safeguards against such misuse, Anderegg allegedly used Stable Diffusion 1.5, a variant with fewer restrictions, which was developed by Runway ML.

The case highlights a crucial distinction in the ongoing conversation about CSAM: its illegal nature is not solely tied to the involvement of living children. Even AI-generated digital CSAM can normalize harmful behaviors and facilitate predatory actions. This case underscores the DOJ's commitment to addressing these emerging technologies. "Technology may change, but our commitment to protecting children will not,” Deputy AG Monaco emphasized. “The Justice Department will aggressively pursue those who produce and distribute CSAM—regardless of its method of creation.”

If convicted on all counts, Anderegg could face a prison sentence ranging from 5 to 70 years. He is currently in federal custody, awaiting a hearing scheduled for May 22. As AI technology continues to evolve, this case will serve as a critical point of reference for future legal battles concerning child exploitation in digital spaces.