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I am, in general, pretty anti-Elon, so I don't want to be seen as taking _his_ side here, and I am definitely anti-CSAM, so let's shift slightly to derivative IP generation.

Where does the line fall between provider responsibility when providing a tool that can produce protected work, and personal responsibility for causing it to generate that work?

It feels somewhat more clearcut when you say to AI, "Draw me an image of Mickey Mouse", but why is that different than photocopying a picture of Mickey Mouse, and using Photoshop to draw a picture of Mickey Mouse? Photo copiers will block copying a dollar bill in many cases - should they also block photos of Mickey Mouse? Should they have received firmware updates whenever Steamboat Willy fell into public domain, such that they can now be allowed to photocopy that specific instance of Mickey Mouse, but none other?

This is a slippery slope, the idea that a person using the tool should hold the tool responsible for creating "bad" things, rather than the person themselves being held responsible.

Maybe CSAM is so heinous as to be a special case here. I wouldn't argue against it specifically. But I do worry that it shifts the burden of responsibility onto the AI or the model or the service or whatever, rather than the person.

Another thing to think about is whether it would be materially different if the person didn't use Grok, but instead used a model on their own machine. Would the model still be responsible, or would the person be responsible?



> Where does the line fall between provider responsibility when providing a tool that can produce protected work, and personal responsibility for causing it to generate that work?

There's one more line at issue here, and that's the posting of the infringing work. A neutral tool that can generate policy-violating material has an ambiguous status, and if the tool's output ends up on Twitter then it's definitely the user's problem.

But here, it seems like the Grok outputs are directly and publicly posted by X itself. The user may have intended that outcome, but the user might not have. From the article:

>> In a comment on the DogeDesigner thread, a computer programmer pointed out that X users may inadvertently generate inappropriate images—back in August, for example, Grok generated nudes of Taylor Swift without being asked. Those users can’t even delete problematic images from the Grok account to prevent them from spreading, the programmer noted.

Overall, I think it's fair to argue that ownership follows the user tag. Even if Grok's output is entirely "user-generated content," X publishing that content under its own banner must take ownership for policy and legal implications.


This is also legally problematic: many jurisdictions now have specific laws about the synthesis of CSAM or modifying peoples likenesses.

So exactly who is considered the originator is a pretty legally relevant question particularly if Grok is just off doing whatever and then posting it from your input.

"The persistent AI bot we made treated that as a user instruction and followed it" is a heck of a chain of causality in court, but you also fairly obviously don't want to allow people to laundry intent with AI (which is very much what X is trying to do here).


Maybe I'm being too simplistic/idealistic here - but if I had a company that controlled an LLM product, I wouldn't even think twice about banning CSAM outputs.

You can have all the free speech in the world, but not with the vulnerable and innocent children.

I don't know how we got to the point where we can build things with no guardrails and just expect the user to use it legally? I think there should be responsibility on builders/platform owners to definitely build guardrails in on things that are explicitly illegal and morally repugnant.


>I wouldn't even think twice about banning CSAM outputs.

Same, honestly. And you'll probably catch a whole lot of actual legitimate usage in that net, but it's worth it.

But you'll also miss some. You'll always miss some, even with the best guard rails. But 99% is better than 0%, I agree.

> ... and just expect the user to use it legally?

I don't think it's entirely the responsibility of the builder/supplier/service to ensure this, honestly. I don't think it can be. You can sell hammers, and you can't guarantee that the hammer won't be used to hurt people. You can put spray cans behind cages and require purchasers to be 18 years old, but you can't stop the adult from vandalism. The person has to be held responsible at a certain point.


I bet most hammers (non-regulated), spray cans (lightly regulated) and guns (heavily regulated) that are sold are used for their intended purposes. You also don't see these tools manufacturers promoting or excusing their unintended usage as well.

There's also a difference between a tool manufacturer (hardware or software) and a service provider: once the tool is on the user's hands, it's outside of the manufacturer's control.

In this case, a malicious user isn't downloading Grok's model and running it on their GPU. They're using a service provided by X, and I'm of the opinion that a service provider starts to be responsible once the malicious usage of their product gets relevant.


None of these excuses are sufficient for allowing a product which you created to be used to generate CSAM on a platform you control.

Pornography is regulated. CSAM is illegal. Hosting it on your platform and refusing to remove it is complicity and encouragement.


> I don't know how we got to the point where we can build things with no guardrails and just expect the user to use it legally?

Historically tools have been uncensored, yet also incredibly difficult and time-consuming to get good results with.

Why spend loads of effort producing fake celebrity porn using photoshop or blender or whatever when there's limitless free non-celebrity porn online? So photoshop and blender didn't need any built-in censorship.

But with GenAI, the quantitive difference in ease-of-use results in qualitative difference in outcome. Things that didn't get done when it needed 6 months of practice plus 1 hour per image are getting done now it needs zero practice and 20 seconds per image.


> Where does the line fall between provider responsibility when providing a tool that can produce protected work, and personal responsibility for causing it to generate that work?

If you operate the tool, you are responsible. Doubly so in a commercial setting. If there are issues like Copyright and CSAM, they are your responsibility to resolve.

If Elon wanted to share out an executable for Grok and the user ran it on their own machine, then he could reasonably sidestep blame (like how photoshop works). But he runs Grok on his own servers, therefore is morally culpable for everything it does.

Your servers are a direct extension of yourself. They are only capable of doing exactly what you tell them to do. You owe a duty of care to not tell them to do heinous shit.


It's simpler to regulate the source of it than the users. The scale that genAI can do stuff is much, much different than photocopying + Photoshop, scale and degree matter.


> scale and degree matter

I agree, but I don't know where that line is.

So, back in the 90s and 2000s, you could get The Gimp image editor, and you could use the equivalent of Word Art to take a word or phase and make it look cool, with effects like lava or glowing stone, or whatever. The Gimp used ImageMagick to do this, and it legit looked cool at the time.

If you weren't good at The Gimp, which required a lot of knowledge, you could generate a cool website logo by going to a web server that someone built, giving them a word or phrase, and then selecting the pre-built options that did the same thing - you were somewhat limited in customization, but on the backend, it was using ImageMagick just like The Gimp was.

If someone used The Gimp or ImageMagick to make copyrighted material, nobody would blame the authors of The Gimp, right? The software were very nonspecific tools created for broad purposes, that of making images. Just because some bozo used them to create a protected image of Mickey Mouse doesn't mean that the software authors should be held accountable.

But if someone made the equivalent of one of those websites, and the website said, "click here to generate a random picture of Mickey Mouse", then it feels like the person running the website should at least be held partially responsible, right? Here is a thing that was created for the specific purpose of breaking the law upon request. But what is the culpability of the person initiating the request?

Anyway, the scale of AI is staggering, and I agree with you, and I think that common decency dictates that the actions of the product should be limited when possible to fall within the ethics of the organization providing the service, but the responsibility for making this tool do heinous things should be borne by the person giving the order.


I think yes CSAM and other harmful outputs are a different and more heinous problem, I also think the responsibility is different between someone using a model locally and someone promoting grok on twitter.

Posting a tweet asking Grok to transform a picture of a real child into CSAM is no different, in my mind, than asking a human artist on twitter to do the same. So in the case of one person asking another person to perform this transformation, who is responsible?

I would argue that it’s split between the two, with slightly more falling on the artist. The artist has a duty to refuse the request and report the other person to the relevant authorities. If that artist accepted the request and then posted the resulting image, twitter then needs to step in and take action against both users.


Maybe companies shouldn't release tools to generate CSAM, and shouldn't promote those tools when they know they produce CSAM.

sorry you're not convincing me. X chose to release a tool for making CSAM. they didn't have to do that. They are complicit.


A pen is also a tool for making CSAM.

Truly, civilization was a mistake. Retvrn to monke.


A pen is not a hosted service for generating CSAM, and if you were hosting a service where you drew CSAM with a pen for money you'd be arrested

"You'd be arrested" is such a beautiful argument. Truly an unimpeachable moral ground.



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