Subd. 3. Exemption. The prohibitions in subdivision 2 do not apply when the website, application, software, program, or other service requires the technical skill of a user to nudify an image or video.
I get the idea, but this doesn’t comfort me, because what is “technical skill” here? That seems subjective and will ultimately be up to a court to decide. What constitutes a skill? It’s prompting a skill? Is prompting Photoshop’s AI a skill? Their lasso tool is pretty easy to use. The line isn’t clear, and a clever lawyer, or a judge, or a jury could come down differently on what counts and what doesn’t.
I get the goal here. But I think we were already covered by the existing law that made distribution of these artificial nudes illegal.
I get the idea, but this doesn’t comfort me, because what is “technical skill” here? That seems subjective and will ultimately be up to a court to decide. What constitutes a skill? It’s prompting a skill? Is prompting Photoshop’s AI a skill? Their lasso tool is pretty easy to use. The line isn’t clear, and a clever lawyer, or a judge, or a jury could come down differently on what counts and what doesn’t.
I get the goal here. But I think we were already covered by the existing law that made distribution of these artificial nudes illegal.