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Insane Ruling Just Cleared A Path For The Creepiest AI Use Yet · The Matt Walsh Show

• 0:00
  Speaker 1: You might like to think that your texts or DMs
• 0:02
  Speaker 1: are at least somewhat private when you communicate with people
• 0:05
  Speaker 1: on social media platforms like Instagram. They're actually monitored automatically
• 0:09
  Speaker 1: for any signs of criminal activity, particularly criminal activity that
• 0:12
  Speaker 1: might endanger children. And that's why in October of 2023, Meta,
• 0:16
  Speaker 1: which is the parent company of Instagram, was able to
• 0:19
  Speaker 1: alert the feds about a 42-year-old man in Wisconsin named
• 0:23
  Speaker 1: Stephen Anderegg. Now, Meta has been in the news lately
• 0:27
  Speaker 1: for allowing Instagram to become a haven for child predators,
• 0:30
  Speaker 1: as you may have seen. So they've implemented all kinds
• 0:33
  Speaker 1: of monitoring systems and algorithm changes, agreed to settlements, et cetera.
• 0:38
  Speaker 1: And in this case, they determined that Anderegg was transmitting
• 0:41
  Speaker 1: apparent child pornography to another user. And very quickly, the
• 0:45
  Speaker 1: feds determined that Anderegg was a software engineer with a
• 0:48
  Speaker 1: background in AI models. They obtained a search warrant seized
• 0:52
  Speaker 1: all of Anderegg's devices, including multiple cell phones and a laptop.
• 0:56
  Speaker 1: At that point, the authorities discovered that Anderegg had been
• 0:59
  Speaker 1: entering text prompts into an AI model called stable diffusion.
• 1:04
  Speaker 1: And the model generated thousands of explicit images depicting miners.
• 1:09
  Speaker 1: And more specifically, Anderegg had installed some third-party software on
• 1:12
  Speaker 1: top of stable diffusion, which allowed the model to create
• 1:15
  Speaker 1: these kinds of images. So this was not something the
• 1:17
  Speaker 1: model would have done by itself, you know, off the shelf,
• 1:20
  Speaker 1: as it were. Anderegg was then charged with producing, distributing,
• 1:24
  Speaker 1: and possessing child sexual abuse material, or CSAM.
• 1:29
  Speaker 2: Watch.
• 1:30
  Speaker 3: A man from Holman, Wisconsin, was arrested and charged from
• 1:33
  Speaker 3: crimes relating to inappropriate AI-generated images of children. The Wisconsin
• 1:37
  Speaker 3: Department of Justice says 42-year-old Stephen Anderegg used text-to-image generative
• 1:42
  Speaker 3: AI model to create realistic images of new children.
• 1:47
  Speaker 1: Now, that report was from two years ago. It seemed
• 1:49
  Speaker 1: like a Pretty straightforward case. Certainly that's how the DOJ
• 1:53
  Speaker 1: presented it. But last week, somewhat unexpectedly, the Seventh Circuit
• 1:58
  Speaker 1: Court of Appeals upheld the dismissal of the possession charge
• 2:02
  Speaker 1: against Anderegg, saying the First Amendment of the Constitution protects
• 2:06
  Speaker 1: his right to possess obscene material in his own home.
• 2:11
  Speaker 1: This ruling was based on two major Supreme Court precedents.
• 2:14
  Speaker 1: The first precedent is that your home is a sacred
• 2:17
  Speaker 1: space where you can be as obscene as you want.
• 2:20
  Speaker 1: And initially, the ruling was based on another Supreme Court
• 2:22
  Speaker 1: precedent from 2002, which basically gave the green light to
• 2:26
  Speaker 1: the possession of child pornography as long as it was
• 2:29
  Speaker 1: virtual child pornography where no child was supposedly involved.
• 2:33
  Speaker 2: Now, of course, in 2002, computer graphics.
• 2:36
  Speaker 1: Technology in general, were nowhere near as advanced as they
• 2:39
  Speaker 1: are today. They didn't have AI-generated images at all. But
• 2:43
  Speaker 1: that distinction doesn't matter, at least according to the precedent
• 2:46
  Speaker 1: that we have today. Several of the judges made it
• 2:48
  Speaker 1: clear that they don't like the precedent. They want the
• 2:50
  Speaker 1: Supreme Court to change their ruling on virtual child pornography,
• 2:53
  Speaker 1: but they ruled that as the law stands, you can
• 2:57
  Speaker 1: possess AI-generated child pornography as long as it's contained within
• 3:01
  Speaker 1: the home. Quoting from the ruling, the Constitution extends special
• 3:05
  Speaker 1: safeguards to the privacy of the home. The Supreme Court
• 3:07
  Speaker 1: has held that the state's power simply does not extend
• 3:11
  Speaker 1: to mere possession by the individual in the privacy of
• 3:13
  Speaker 1: his own home. If the First Amendment means anything, the
• 3:16
  Speaker 1: court explained, it means that a state has no business
• 3:18
  Speaker 1: telling a man sitting alone in his own house, what
• 3:21
  Speaker 1: books he may read or what films he may watch.
• 3:26
  Speaker 1: So to be clear, Anderegg still faces charges of distributing
• 3:28
  Speaker 1: and manufacturing this material. So he's on the hook for
• 3:32
  Speaker 1: transmitting the material and for using his computer to create them.
• 3:38
  Speaker 1: But if this ruling stands, he won't face a possession charge.
• 3:41
  Speaker 1: So basically, if you're in your own home, then you
• 3:43
  Speaker 1: can legally possess this horrific, immoral, evil material. that obviously
• 3:49
  Speaker 1: no human being should ever have, and as long as
• 3:52
  Speaker 1: you don't send it to somebody else. Now, it needs
• 3:57
  Speaker 1: to be pointed out here that, yes, this ruling is
• 4:00
  Speaker 1: as incoherent as it sounds. If something is too horrible
• 4:04
  Speaker 1: to give to someone else or to make it, then
• 4:09
  Speaker 1: it's too horrible.
• 4:10
  Speaker 2: To possess in your own home. I mean, that seems
• 4:13
  Speaker 2: pretty obvious.
• 4:13
  Speaker 1: You should be secure in your home from any kind
• 4:15
  Speaker 1: of unlawful government search or seizure. The government shouldn't be
• 4:19
  Speaker 1: able to monitor, you know, what goes on inside your
• 4:23
  Speaker 1: home whenever they want. But at the same time, the
• 4:25
  Speaker 1: government can absolutely make it a crime to possess certain
• 4:27
  Speaker 1: things inside your property.
• 4:30
  Speaker 2: And this should obviously be one of them.
• 4:33
  Speaker 1: Nevertheless, depending on who you ask, this ruling is either
• 4:36
  Speaker 1: a validation of our right to privacy.
• 4:38
  Speaker 2: Your home is your castle and so on.
• 4:40
  Speaker 1: Or it's effectively the legalization of child pornography in the
• 4:43
  Speaker 1: United States. I mean, after all, you can imagine the
• 4:45
  Speaker 1: difficulty prosecutors might have in the future. if they need
• 4:48
  Speaker 1: to prove that a certain image is genuine as opposed
• 4:51
  Speaker 1: to AI-generated, this decision opens up many different avenues for
• 4:56
  Speaker 1: pedophiles to fight their convictions, and it could lead to
• 5:00
  Speaker 1: a mass release of these degenerates all over the country.
• 5:03
  Speaker 1: It's going to be the number one defense of every
• 5:05
  Speaker 1: pedophile from this moment forward, at least in the Seventh Circuit.
• 5:09
  Speaker 2: Oh, yeah, that's not real. It's just AI, they'll say.
• 5:12
  Speaker 1: How exactly are the prosecutors going to disprove that beyond
• 5:15
  Speaker 1: any reasonable doubt? In some cases, it may not be
• 5:18
  Speaker 1: as easy as it seems, and it's only going to
• 5:20
  Speaker 1: get more difficult as the technology improves. And the same
• 5:23
  Speaker 1: problem applies to all video evidence in court, by the way.
• 5:25
  Speaker 1: It's a nightmare with no obvious solution. Now, first, it's
• 5:29
  Speaker 1: important to understand that Anderag is not alone. AI-generated child
• 5:33
  Speaker 1: pornography is a booming industry. There are many, many more
• 5:36
  Speaker 1: cases like this. So here's an ongoing case out of
• 5:39
  Speaker 1: New Mexico, for example.
• 5:41
  Speaker 2: Watch.
• 5:42
  Speaker 4: Police department, search warrant.
• 5:46
  Speaker 5: A police raid on a man accused of using AI
• 5:49
  Speaker 5: to create disgusting images of children. Images so vile, we
• 5:54
  Speaker 5: can barely describe them. The affiant informed Mr. Gallagher that
• 6:03
  Speaker 5: the cyber tip was from Synchronos, which is a cloud service,
• 6:06
  Speaker 5: and that there were reports of child sex abuse material
• 6:09
  Speaker 5: from his account. Mr.
• 6:11
  Speaker 4: Gallagher stated that he did not know he had the cloud.
• 6:15
  Speaker 4: The affiant asked Mr. Gallagher if investigators would find any
• 6:19
  Speaker 4: images of new children on his devices. Mr. Gallagher responded,
• 6:23
  Speaker 4: you might.
• 6:24
  Speaker 2: Mr.
• 6:24
  Speaker 4: Gallagher said that those images were from a long time
• 6:27
  Speaker 4: ago and that they were mostly just AI. The affiant
• 6:31
  Speaker 4: asked Mr. Gallagher if the images of the new children
• 6:34
  Speaker 4: provided him with sexual gratification and Mr. Gallagher responded, yeah,
• 6:38
  Speaker 4: I guess so.
• 6:40
  Speaker 2: Mr.
• 6:40
  Speaker 4: Gallagher said that he had not been content for very
• 6:43
  Speaker 4: long and that he was just lonely.
• 6:47
  Speaker 1: Unlike Andre, Gallagher is accused of feeding genuine images of
• 6:52
  Speaker 1: real life children, which he found online, into an AI
• 6:55
  Speaker 1: app to edit them to create CSAM. This is something
• 7:01
  Speaker 1: you need to keep in mind when you upload family
• 7:03
  Speaker 1: photos to websites like Facebook. You know, when you share
• 7:06
  Speaker 1: these kinds of images with the entire world, it's very
• 7:07
  Speaker 1: likely that a pervert is going to see them or
• 7:10
  Speaker 1: could see them. And right now, these perverts have a
• 7:13
  Speaker 1: lot of AI tools they can use in order to
• 7:15
  Speaker 1: do whatever they want with those images. They can create
• 7:17
  Speaker 1: pornography or they can make deep fakes in an attempt
• 7:20
  Speaker 1: to blackmail you.
• 7:21
  Speaker 2: They can steal identities. I mean, it's something everyone has
• 7:24
  Speaker 2: to be aware of.
• 7:26
  Speaker 1: And this case, as alleged by the authorities, Gallagher took
• 7:29
  Speaker 1: innocuous photos from social media and had the AI transform
• 7:32
  Speaker 1: them into pornography. And that might seem like a pretty
• 7:36
  Speaker 1: significant distinction from Anderegg, who, as far as we know,
• 7:40
  Speaker 1: did not deliberately use any real photos of children when
• 7:44
  Speaker 1: he created his AI-generated content. But you have to keep
• 7:47
  Speaker 1: in mind that AI models, by their nature, are trained
• 7:51
  Speaker 1: on images of actual children.
• 7:53
  Speaker 2: That's how they work.
• 7:54
  Speaker 1: They source an enormous amount of information, including pictures. Anyone
• 7:58
  Speaker 1: who uses an AI model to generate an obscene picture
• 8:01
  Speaker 1: of a child is is relying on the fact that
• 8:03
  Speaker 1: the AI has a vast database of millions of images.
• 8:06
  Speaker 2: Of children to draw from.
• 8:06
  Speaker 1: And that's true when it comes to stable diffusion, the
• 8:10
  Speaker 1: model that Anderegg used. This was reported by Ars Technology
• 8:14
  Speaker 1: back in 2023, quote, more than a thousand known child
• 8:18
  Speaker 1: sexual abuse materials, CSAM, were found in a large open
• 8:22
  Speaker 1: dataset known as LAION5B that was used to train popular
• 8:28
  Speaker 1: text image generators such as stable diffusion, Stanford Internet Observatory
• 8:32
  Speaker 1: researcher David Thiel revealed, our new investigation reveals that these
• 8:39
  Speaker 1: models are trained directly on CSAM present in a public
• 8:43
  Speaker 1: database of billions of images. The data set included known
• 8:47
  Speaker 1: CSAM scraped from a wide array of sources, including mainstream
• 8:52
  Speaker 1: social media websites like Reddit, X, WordPress, and Blogspot, as
• 8:55
  Speaker 1: well as popular adult video sites like XHamster and XVideos.
• 8:59
  Speaker 1: Beyond verifying 1,008 instances of this kind of material in
• 9:05
  Speaker 1: the dataset, SIO found 3,226 instances of suspected CSAM in
• 9:10
  Speaker 1: the dataset. Thiel's report warned that both figures are inherently
• 9:15
  Speaker 1: a significant undercount due to researchers' limited ability to detect
• 9:20
  Speaker 1: and flag.
• 9:20
  Speaker 2: All the CSAM in the datasets.
• 9:22
  Speaker 1: His report also predicted that the repercussions of Stable Diffusion's 1.5's
• 9:26
  Speaker 1: training process will be with us for some time to come.
• 9:29
  Speaker 1: So in practice, it's reasonable to say that every AI-generated
• 9:33
  Speaker 1: image of a child, one way or another, involved an
• 9:37
  Speaker 1: actual child at some point in the process. An AI
• 9:41
  Speaker 1: simply cannot make a realistic image of a child if
• 9:43
  Speaker 1: it's never seen an actual child. But in many of
• 9:46
  Speaker 1: these cases, judges are saying that their hands are tied.
• 9:49
  Speaker 1: In cases of AI-generated child pornography, that's what they're claiming.
• 9:54
  Speaker 2: Here's one more case from Indianapolis. Watch.
• 9:57
  Speaker 6: A Marion County judge has found a man accused of
• 10:00
  Speaker 6: creating child pornography not guilty, not because he didn't do it,
• 10:04
  Speaker 6: but because the way he did it is beyond Indiana
• 10:07
  Speaker 6: state law. Our Russ McQuaid examines how artificial intelligence is
• 10:12
  Speaker 6: challenging law enforcement in their quest to protect Hoosier children.
• 10:17
  Speaker 7: Last year we told you about the arrest of a
• 10:19
  Speaker 7: man charged with 10 counts of child exploitation and child pornography.
• 10:24
  Speaker 7: Because he was found not guilty, we can't tell you
• 10:26
  Speaker 7: his name, but we can tell you what he was
• 10:28
  Speaker 7: accused of and why a judge thinks that state lawmakers
• 10:31
  Speaker 7: need to tighten up their laws when it comes to
• 10:34
  Speaker 7: artificially created AI pornography. This probable cause affidavit alleges, quote,
• 10:40
  Speaker 7: two images located on the man's phone depicted minor females.
• 10:45
  Speaker 7: With use of an AI mirror program, he transformed the
• 10:50
  Speaker 7: images to depict female teenagers to be nude.
• 10:54
  Speaker 1: These are rulings that have clear ramifications for our culture,
• 10:57
  Speaker 1: our politics, many other ongoing debates that we're seeing. It's
• 11:02
  Speaker 1: become very common for someone to invoke the right to
• 11:04
  Speaker 1: privacy and shut down debate across.
• 11:06
  Speaker 2: A wide range of issues.
• 11:09
  Speaker 1: So we need to resolve some fundamental questions about what
• 11:12
  Speaker 1: the Constitution says and what it does not say. We
• 11:14
  Speaker 1: also need to identify the red lines that we simply
• 11:18
  Speaker 1: won't cross as a society. Now, this is hard to
• 11:23
  Speaker 1: do because unless you are homeschooled, then you've been through
• 11:27
  Speaker 1: a school system that in all likelihood has been relentlessly
• 11:30
  Speaker 1: lying to you. So some of these questions become more
• 11:34
  Speaker 1: difficult than they should be. One of the main lies
• 11:37
  Speaker 1: you'll hear is that in reality, there are no difficult
• 11:40
  Speaker 1: choices to be made when it comes to our legal rights.
• 11:43
  Speaker 1: Barack Obama was fond of reading lines like, we reject
• 11:47
  Speaker 1: as false the choice between our safety and our ideals.
• 11:50
  Speaker 1: That was from his first inaugural speech, but he mentioned
• 11:52
  Speaker 1: it many times afterwards. It was always a vapid statement,
• 11:55
  Speaker 1: but people seemed to think it was profound. The truth is,
• 11:57
  Speaker 1: whether we like it or not, there are indeed choices
• 12:00
  Speaker 1: to be made when it comes to balancing safety and ideals.
• 12:04
  Speaker 1: The safety of our children and our ideals. These are
• 12:09
  Speaker 1: choices that everyone makes every single day.
• 12:11
  Speaker 2: We see it everywhere.
• 12:13
  Speaker 1: For instance, the presumption of innocence is an ideal. We
• 12:16
  Speaker 1: don't want to treat people as criminals without any evidence.
• 12:19
  Speaker 1: But sometimes, say, when people want to board an airplane,
• 12:23
  Speaker 1: we have to balance that ideal with security. And by
• 12:26
  Speaker 1: the same token, we have to recognize that no right,
• 12:28
  Speaker 1: including the right to freedom of speech, the right to privacy,
• 12:32
  Speaker 1: is absolute in every single case. And before you jump
• 12:35
  Speaker 1: down my throat, yes, I'm aware of Orwell wrote a
• 12:38
  Speaker 1: book called 1984, I'm aware Ben Franklin once said, those
• 12:41
  Speaker 1: who would give up essential liberty to purchase a little
• 12:43
  Speaker 1: temporary safety deserve neither liberty nor safety.
• 12:46
  Speaker 2: That's a handy quote, but it's also just a quote.
• 12:50
  Speaker 1: And for that matter, Franklin was careful to mention essential
• 12:53
  Speaker 1: liberty and temporary safety, which pretty clearly is a way
• 12:57
  Speaker 1: of sort of kicking the can down the road, or
• 12:59
  Speaker 1: at least qualifying it. What liberties are essential exactly? And
• 13:05
  Speaker 1: what if we can obtain permanent safety in a certain,
• 13:07
  Speaker 1: or something close to it, in a certain area of life.
• 13:12
  Speaker 1: But Ben Franklin didn't say because he wanted us to
• 13:14
  Speaker 1: figure it out. But the founders, including Franklin, did have
• 13:17
  Speaker 1: a very clear preference for national security over some vaguely
• 13:20
  Speaker 1: defined right to privacy at the individual level. This is
• 13:24
  Speaker 1: important to understand because almost no one says it anymore.
• 13:26
  Speaker 1: The constitutional right to privacy is an invention of the
• 13:30
  Speaker 1: extremely left-wing Supreme Court in the 50s and 60s, which
• 13:34
  Speaker 1: wanted to invent a constitutional right to birth control and abortion.
• 13:39
  Speaker 2: So it's fake.
• 13:39
  Speaker 1: There is no generalized right to privacy at all beyond
• 13:44
  Speaker 1: the text of the Fourth Amendment. Now, until the 1960s,
• 13:47
  Speaker 1: there wasn't a single Supreme Court decision that recognized any
• 13:50
  Speaker 1: right to privacy outside of the Fourth Amendment because these
• 13:53
  Speaker 1: words do not appear anywhere in the actual document. And
• 13:58
  Speaker 1: this explains why when they were running the country, the
• 14:00
  Speaker 1: founders did not go to particularly great lengths to enshrine
• 14:06
  Speaker 1: anyone's privacy as a God-given right, at least once they
• 14:09
  Speaker 1: were outside their home, certainly. I mean, look up the
• 14:12
  Speaker 1: Collection Act of 1789, which was passed by the first
• 14:15
  Speaker 1: Congress in 1789. This is a law that allowed the
• 14:18
  Speaker 1: authorities to enter any ship or vessel to search for
• 14:21
  Speaker 1: goods that might be concealed. They could search both American
• 14:24
  Speaker 1: and foreign ships. The only requirement was that the authorities
• 14:27
  Speaker 1: have reason to suspect that taxable goods were on board somewhere.
• 14:31
  Speaker 1: If they wanted to search a home or business, the
• 14:33
  Speaker 1: authorities needed a warrant. But under this law, the authorities
• 14:36
  Speaker 1: could search a ship top to bottom based on a
• 14:39
  Speaker 1: mere hunch. And the next year, an even broader law
• 14:42
  Speaker 1: was passed, allowing for, quote, all collectors, naval officers, surveyors,
• 14:45
  Speaker 1: inspectors to go on board of ships or vessels in
• 14:48
  Speaker 1: any part of the United States or within four leagues
• 14:51
  Speaker 1: of the coast thereof, if bound to the United States
• 14:54
  Speaker 1: for the purposes of demanding the manifest and of examining
• 14:56
  Speaker 1: and searching the said ships or vessels and the said
• 14:59
  Speaker 1: officers respectively shall have free access to the cabin and
• 15:02
  Speaker 1: every other part of a ship or vessel. And by
• 15:04
  Speaker 1: the way, These kinds of searches were not limited to
• 15:06
  Speaker 1: ships arriving at ports of entry. Consider the tax on
• 15:08
  Speaker 1: whiskey that was imposed in 1791, which was also passed
• 15:11
  Speaker 1: by the first Congress and signed by Washington. The law
• 15:14
  Speaker 1: permitted officers to enter, quote, houses, storehouses, warehouses, buildings, and
• 15:18
  Speaker 1: places that have been registered as distilleries at all times
• 15:22
  Speaker 1: in the daytime upon request.
• 15:24
  Speaker 2: No warrant was needed.
• 15:26
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  Speaker 1: did not believe that you have some absolute right to
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  Speaker 2: Quite the opposite.
• 17:52
  Speaker 1: When you engage in an activity that the government has
• 17:54
  Speaker 1: an interest in regulating, whether you're traveling to a port
• 17:57
  Speaker 1: or selling whiskey, Ben Franklin would have no problem with
• 18:00
  Speaker 1: the authorities searching your stuff without a warrant. That's because, again,
• 18:04
  Speaker 1: the right to privacy as such did not exist. It
• 18:08
  Speaker 1: hadn't been invented yet by activist courts looking to legitimize
• 18:12
  Speaker 1: baby murder and other atrocities. In the Roe decision, the
• 18:15
  Speaker 1: Supreme Court found in the Constitution a right to abortion,
• 18:20
  Speaker 1: even though abortion is never mentioned anywhere in the document.
• 18:23
  Speaker 1: nor did any of the framers even hint that they
• 18:25
  Speaker 1: had prenatal homicide in mind when they wrote it, obviously.
• 18:29
  Speaker 1: The court recognized this obstacle, so it inferred a right
• 18:32
  Speaker 1: to abortion from the right to privacy found in the
• 18:36
  Speaker 1: 14th Amendment. The only problem, of course, is that the
• 18:37
  Speaker 1: 14th Amendment doesn't say anything about a right to privacy.
• 18:40
  Speaker 1: The phrase right to privacy appears nowhere in the Bill
• 18:42
  Speaker 1: of Rights at all. And even if it did, of course,
• 18:45
  Speaker 1: it would require a galactic leap of logic to get
• 18:47
  Speaker 1: from I have a right to privacy to I have
• 18:48
  Speaker 1: a right to directly kill this biological human life. So
• 18:51
  Speaker 1: The court founded its right to abortion, which is not
• 18:54
  Speaker 1: enumerated on another right that is not enumerated and which,
• 18:56
  Speaker 1: even if it were enumerated, still would not logically apply
• 18:59
  Speaker 1: to abortion. Now, Roe, of course, has been overturned, but
• 19:02
  Speaker 1: the general right to privacy fiction remains. And, you know,
• 19:05
  Speaker 1: when I say fiction, the point is not that we
• 19:07
  Speaker 1: should have no privacy or that the government has the
• 19:10
  Speaker 1: magical right to invade our privacy whenever it wants. Obviously,
• 19:14
  Speaker 1: neither of those are the case or should be the
• 19:16
  Speaker 1: case anyway. The point is that the right to privacy
• 19:19
  Speaker 1: is not some sort of absolute legal principle.
• 19:21
  Speaker 2: It can't be.
• 19:23
  Speaker 1: Just because you're doing something in private doesn't necessarily make
• 19:26
  Speaker 1: it okay or legal. A great majority of the crimes
• 19:29
  Speaker 1: people commit every single day are committed by someone at
• 19:32
  Speaker 1: least attempting to be, at some level, secretive.
• 19:35
  Speaker 2: Or private about it.
• 19:37
  Speaker 1: Enforcing laws and arresting criminals will always involve an invasion
• 19:42
  Speaker 1: of privacy. And so privacy cannot be sacrosanct. It is conditional.
• 19:47
  Speaker 1: And the Constitution already recognized that and laid out some
• 19:50
  Speaker 1: of the conditions, which is why by the Fourth Amendment,
• 19:53
  Speaker 1: you don't have a right to be free from search
• 19:55
  Speaker 1: and seizure generally, but from unreasonable search and seizure.
• 19:59
  Speaker 2: Well, what counts as unreasonable?
• 20:01
  Speaker 1: You know, that's a qualifier that's been debated for like
• 20:04
  Speaker 1: 230 years and will be debated for another 230 years
• 20:07
  Speaker 1: if we're still around. There's really no way around it.
• 20:11
  Speaker 1: Because the only way around it is to dispense with
• 20:12
  Speaker 1: the qualifiers and declare that you either have an absolute
• 20:15
  Speaker 1: unquestioned right to privacy in all cases or no right
• 20:19
  Speaker 1: to privacy in any case at all. And neither of
• 20:21
  Speaker 1: those extremes are workable or rational. So that takes us
• 20:25
  Speaker 1: back to the case of Stephen Anderegg and other pedophiles
• 20:29
  Speaker 1: who are using AI to create child pornography. Yes, Anderegg
• 20:32
  Speaker 1: was being charged for conduct inside his own home, which
• 20:35
  Speaker 1: is different from being out in public.
• 20:40
  Speaker 2: Treated differently, legally, often.
• 20:44
  Speaker 1: The home is entitled to far more protections than anywhere
• 20:46
  Speaker 1: else in terms of privacy. But once again, that cannot
• 20:50
  Speaker 1: be absolute. There's a reason you're not allowed to possess
• 20:53
  Speaker 1: a nuclear bomb in your home or a dead body.
• 20:57
  Speaker 1: Even in your own home, the right to privacy is
• 21:00
  Speaker 1: not absolute.
• 21:01
  Speaker 2: It can't be.
• 21:03
  Speaker 1: Which was my position, which you've probably deduced by now,
• 21:06
  Speaker 1: is that we should absolutely, of course, ban AI from
• 21:09
  Speaker 1: making this stuff and arrest anyone.
• 21:10
  Speaker 2: Who consumes it. Pretty simple.
• 21:14
  Speaker 1: Might not be easy to enforce in every case because
• 21:17
  Speaker 1: of how widespread this technology is, but it's simple.
• 21:22
  Speaker 2: It's a simple thing.
• 21:23
  Speaker 1: Now, even if you can somehow prove that the AI
• 21:27
  Speaker 1: model didn't rely on any actual pictures of children, which
• 21:31
  Speaker 1: you can't, It doesn't matter. Nor does it matter if
• 21:35
  Speaker 1: some pedophile is merely possessing this material in his own
• 21:38
  Speaker 1: home where he supposedly wasn't hurting anyone else. This logic,
• 21:41
  Speaker 1: the idea that, you know, if it doesn't hurt anyone,
• 21:43
  Speaker 1: then it's fine, has infested our culture and conservatism more
• 21:47
  Speaker 1: generally for decades. And in every single case, or in
• 21:50
  Speaker 1: a great majority of cases, it makes society.
• 21:53
  Speaker 2: Worse for everybody.
• 21:54
  Speaker 1: You know, gay marriage, marijuana, medically assisted suicide, Sports betting, abortion,
• 22:00
  Speaker 1: no-fault divorce. Again and again, we've been told to relax.
• 22:03
  Speaker 1: It doesn't actually affect anyone else. But it turns out
• 22:07
  Speaker 1: that when you endorse deviant and immoral behavior in an
• 22:09
  Speaker 1: individual context, then before long, you see the consequences everywhere.
• 22:15
  Speaker 1: You can't go two blocks in New York without smelling pot.
• 22:18
  Speaker 1: Women in Massachusetts are now rallying around a woman who
• 22:20
  Speaker 1: executed her children one by one. Teenagers with mental health
• 22:24
  Speaker 1: problems are getting put down in Canada so that the
• 22:27
  Speaker 1: state can harvest their organs. Gambling has ruined sports in
• 22:30
  Speaker 1: about 20 different ways to the point that we now
• 22:32
  Speaker 1: have live betting odds displayed prominently on screen. Women are
• 22:35
  Speaker 1: more miserable, more medicated than ever. All of these downstream
• 22:39
  Speaker 1: consequences are felt by everyone in society, not just the
• 22:43
  Speaker 1: people who get the abortions or take the drugs or
• 22:46
  Speaker 1: whatever else. And we've ended up in this place because
• 22:50
  Speaker 1: of this non-existent failing moral framework that says that something
• 22:55
  Speaker 1: is automatically okay as long as no one else is
• 22:58
  Speaker 1: directly actively harmed by it. And oftentimes when they say
• 23:04
  Speaker 1: no one's directly actively harmed by it, they actually are. Abortion,
• 23:07
  Speaker 1: there's another person being actively harmed, you know.
• 23:10
  Speaker 2: Even before you get to the societal harm, obviously.
• 23:13
  Speaker 1: Now, along the same lines, AI-generated sexually explicit images of
• 23:16
  Speaker 1: children harm society more broadly and the nation as a whole.
• 23:22
  Speaker 1: And that is precisely the kind of harm that the
• 23:26
  Speaker 1: Any society where perverts can gorge themselves legally on hours
• 23:31
  Speaker 1: of this kind of stuff is obviously a society no
• 23:34
  Speaker 1: healthy person wants to live in.
• 23:37
  Speaker 2: We would all be the victims of it.
• 23:40
  Speaker 1: Not to mention all the research showing that indulging a
• 23:42
  Speaker 1: compulsion only makes the compulsion stronger, which means real human
• 23:46
  Speaker 1: children are put at greater risk. Here's just one study
• 23:50
  Speaker 1: from researchers in Montreal. It says, quote, This study analyzed
• 23:55
  Speaker 1: the evolution over time of the activity of consumers of
• 23:58
  Speaker 1: child sexual exploitation material. To this end, images and metadata
• 24:02
  Speaker 1: were extracted from the hard drives of 40 individuals convicted
• 24:05
  Speaker 1: of possession of child pornography and analyzed. The most prevalent
• 24:09
  Speaker 1: pattern was a progressive decrease in the age of the
• 24:12
  Speaker 1: person depicted and a progressive increase in the severity of
• 24:16
  Speaker 1: the sexual acts. So in other words, over time, the
• 24:19
  Speaker 1: children in this material became younger. and the content became
• 24:26
  Speaker 1: even more explicit. They get some exposure to this stuff,
• 24:30
  Speaker 1: and then their compulsion becomes more severe and even more depraved.
• 24:34
  Speaker 1: Then there's this study from the Journal of Family Violence
• 24:36
  Speaker 1: in 2009 known as the Butner Study. They interviewed people
• 24:39
  Speaker 1: who had been convicted of possessing child pornography but hadn't
• 24:43
  Speaker 1: been charged with actually abusing a child in person. What
• 24:46
  Speaker 1: the researchers discovered is that many of these people had
• 24:48
  Speaker 1: also abused children in real life. They simply hadn't been
• 24:51
  Speaker 1: discovered by investigators yet. Quote, Our findings showed the Internet
• 24:54
  Speaker 1: offenders in our sample were significantly more likely than not
• 24:57
  Speaker 1: to have abused a child via a hands-on act. They
• 25:00
  Speaker 1: also indicated that the offenders who abused children were likely
• 25:03
  Speaker 1: to have offended against multiple victims, that the incidence of
• 25:07
  Speaker 1: crossover by gender and age is high. So this is
• 25:11
  Speaker 1: one of the dangers posed by all forms of child pornography,
• 25:15
  Speaker 1: whether it's AI-generated or not. Very often, it's not simply
• 25:17
  Speaker 1: an online crime, as evil as that crime already is.
• 25:22
  Speaker 2: It's a precursor to real life sexual assault.
• 25:27
  Speaker 1: You know, sometimes here it argued in defense of AI
• 25:29
  Speaker 1: child porn or other supposedly fictional depictions of child abuse.
• 25:33
  Speaker 1: You'll sometimes hear it argued that, well, you know, this
• 25:35
  Speaker 1: might be a way to actually prevent child abuse because
• 25:38
  Speaker 1: it gives the perverts an allegedly safe outlet. Well, even
• 25:45
  Speaker 1: if that were true, the stuff should still be banned.
• 25:49
  Speaker 1: No such outlet should exist, and anyone who needs that
• 25:52
  Speaker 1: sort of outlet should simply be imprisoned at a minimum.
• 25:55
  Speaker 2: At a minimum.
• 25:56
  Speaker 1: But it turns out that this whole outlet idea is
• 25:59
  Speaker 1: a psychological misnomer. You don't tamp down a compulsion or
• 26:02
  Speaker 1: keep it contained and under control by indulging it. The
• 26:05
  Speaker 1: more it's indulged, the stronger it grows. And that's true
• 26:09
  Speaker 1: of any compulsion. And it's certainly true of this, which
• 26:13
  Speaker 1: is the worst compulsion a person can have. So put simply,
• 26:16
  Speaker 1: there's no compelling reason at all to allow people to
• 26:19
  Speaker 1: use AI this way? Does anyone have a God-given right
• 26:24
  Speaker 1: to generate horrific sexual.
• 26:25
  Speaker 2: Images with AI? Obviously not. Does anyone have a God-given
• 26:30
  Speaker 2: right to use AI at all for anything? No.
• 26:35
  Speaker 1: Does it help society or the country in any way
• 26:37
  Speaker 1: for people to be doing this? Obviously not. Is it
• 26:40
  Speaker 1: grotesque and evil and bad? Obviously it is.
• 26:45
  Speaker 2: Therefore, it should be banned. It really is that simple.
• 26:49
  Speaker 1: College is often discussed entirely as an investment, get a loan,
• 26:53
  Speaker 1: choose a major, earn a degree, get a job that
• 26:55
  Speaker 1: pays it all back.
• 26:56
  Speaker 2: That matters obviously, but.
• 26:58
  Speaker 1: If four years of education teaches a student how to
• 27:00
  Speaker 1: make a living without helping them understand what makes life
• 27:04
  Speaker 1: worth living, then something important is missing. And what I
• 27:07
  Speaker 1: appreciate about Grand Canyon University is that it doesn't separate
• 27:10
  Speaker 1: professional preparation from character and purpose. GCU is a private
• 27:14
  Speaker 1: nonprofit Christian university Whether you're studying on campus in Phoenix
• 27:18
  Speaker 1: or online from home, GCU offers hundreds of programs designed
• 27:21
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• 27:29
  Speaker 1: a strong academic foundation within a community grounded in Christian values.
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  Speaker 1: They've held tuition steady on their traditional campus for the
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  Speaker 1: past 17 years while continuing to invest in their students.
• 27:40
  Speaker 1: In fact, 75% of their programs and facilities have been
• 27:43
  Speaker 1: built within the last decade. Learn more at gcu.edu, Grand
• 27:46
  Speaker 1: Canyon University private Christian affordable nonprofit.
• 27:49
  Speaker 2: That's gcu.edu.
• 27:52
  Speaker 1: Apparently, couples sleeping in separate bedrooms now call it a
• 27:55
  Speaker 1: sleep divorce. One person snores, the other steals the covers,
• 27:58
  Speaker 1: and somebody wants the thermostat set to meat locker. Well, naturally,
• 28:02
  Speaker 1: we've given this a name that makes it sound like
• 28:04
  Speaker 1: you need an attorney. Before you start negotiating custody of
• 28:07
  Speaker 1: the comforter, though, consider whether your mattress is maybe part
• 28:10
  Speaker 1: of the problem. I've been sleeping on a Helix for
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  Speaker 1: to helixsleep.com slash Walsh for 27% off site-wide. That's helixsleep.com
• 28:52
  Speaker 1: slash Walsh for 27% off site-wide. If you've got something
• 28:57
  Speaker 1: that you don't have a right to do it, it's
• 28:59
  Speaker 1: not a God-given right. It does not improve society in
• 29:04
  Speaker 1: any way. It's horrifically evil and degrades society at a minimum.
• 29:11
  Speaker 1: In all those cases, that thing should be banned, whatever
• 29:14
  Speaker 1: it is. And that's why we have prohibitions. That's why
• 29:17
  Speaker 1: you have the concept of banning things. It's for precisely
• 29:20
  Speaker 1: those kinds of things. There's no real argument to not
• 29:24
  Speaker 1: ban it. Now, people will argue that, well, you know,
• 29:28
  Speaker 1: we have violent video games like Grand Theft Auto, and
• 29:31
  Speaker 1: they allow you to do horrible things as well, like
• 29:33
  Speaker 1: shoot police officers. Although I'll note that they don't allow
• 29:36
  Speaker 1: you to murder children, much less sexually assault them. And yes,
• 29:40
  Speaker 1: it's clearly a net negative for society, I would say,
• 29:43
  Speaker 1: to have millions of children murdering police officers in a
• 29:48
  Speaker 1: game for fun. But there are two important distinctions to
• 29:50
  Speaker 1: draw here. First, Grand Theft Auto has a narrative, at
• 29:54
  Speaker 1: least superficially. The games have a story that you're working through.
• 29:58
  Speaker 1: And even when you take a detour to commit an
• 29:59
  Speaker 1: act of domestic terrorism in the game, you're still playing
• 30:02
  Speaker 1: as one of the characters from that narrative. And secondly,
• 30:04
  Speaker 1: and more to the point, and this is really all
• 30:07
  Speaker 1: that needs to be said, is you have to draw
• 30:08
  Speaker 1: lines somewhere. Obviously, we all agree that there have to
• 30:12
  Speaker 1: be lines. And if we can't draw the line here,
• 30:17
  Speaker 1: then where exactly do you draw them? This is where
• 30:21
  Speaker 1: I disagree with a lot of commentators on the common
• 30:23
  Speaker 1: good conservatism debate. It's a question of whether the government
• 30:28
  Speaker 1: should only protect individual liberty or does it have a
• 30:31
  Speaker 1: role in protecting the general welfare of its people and
• 30:34
  Speaker 1: to some extent promoting public virtue. And I would say
• 30:37
  Speaker 1: the government does have an obligation in the latter respect
• 30:41
  Speaker 1: to protect the general welfare. If you're an individual liberty conservative,
• 30:45
  Speaker 1: then you have no argument really, or only a weak
• 30:48
  Speaker 1: one for banning AI generated child pornography. If you believe
• 30:54
  Speaker 1: the government should be protecting the general welfare of the people,
• 30:58
  Speaker 1: on the other hand, then it's not even a question.
• 31:01
  Speaker 2: Obviously, this should be banned.
• 31:04
  Speaker 1: But the government, for the most part, has been totally
• 31:06
  Speaker 1: powerless against this evil. The attitude seems to be that
• 31:10
  Speaker 1: AI exists and will do whatever it wants, and there's
• 31:15
  Speaker 1: nothing we can do to stop any of it. So
• 31:18
  Speaker 1: why even try? Now, obviously, there's plenty of AI alarmism
• 31:22
  Speaker 1: on the other side, and we've talked about that previously.
• 31:26
  Speaker 1: There are various factions that want to shut down AI
• 31:28
  Speaker 1: for political reasons or because it gets clicks or because
• 31:31
  Speaker 1: they're paid by China or whatever. But the AI defeatism,
• 31:35
  Speaker 1: the attitude that, well, we can't and shouldn't even try
• 31:38
  Speaker 1: to do anything to regulate AI at all, even in
• 31:42
  Speaker 1: these really extreme cases like AI child pornography, that is
• 31:46
  Speaker 1: just as extreme in the other direction. And it's kind
• 31:49
  Speaker 1: of hysterical in its own way, because it also seems
• 31:55
  Speaker 1: to say that AI is like this mystical, unstoppable force,
• 32:01
  Speaker 1: and we're utterly powerless in its grasp. There's nothing we
• 32:04
  Speaker 1: could do at all. No laws could have any effect.
• 32:10
  Speaker 1: I find that to also be hysterical. It's a technology.
• 32:15
  Speaker 2: That's what it is. It's not magic.
• 32:18
  Speaker 1: And so we don't need to treat it like evil sorcery,
• 32:20
  Speaker 1: but we also shouldn't treat it as some sort of
• 32:22
  Speaker 1: God that cannot be in any way controlled, and we
• 32:26
  Speaker 1: shouldn't even try. And also the idea that we can't
• 32:32
  Speaker 1: possibly regulate anything that takes place in the home or
• 32:35
  Speaker 1: even on public streets, again, is an extreme.
• 32:38
  Speaker 2: It's a kind of hysteria.
• 32:41
  Speaker 1: These are positions that on the surface appear to be pro-liberty, anti-authoritarian,
• 32:45
  Speaker 1: even patriotic, but in fact, You know, the idea that
• 32:49
  Speaker 1: we shouldn't regulate AI at all or anything like that.
• 32:51
  Speaker 1: But in fact, they are the antithesis of what the
• 32:54
  Speaker 1: founders and the Constitution stood for. They represent a breathtaking
• 32:57
  Speaker 1: miscalculation about the severity of the threats we face and
• 33:01
  Speaker 1: that our children face. No, we shouldn't give up any
• 33:04
  Speaker 1: essential liberty in exchange for temporary safety. Franklin was right
• 33:08
  Speaker 1: about that. But the right to possess AI child porn
• 33:11
  Speaker 1: on our computers is not an essential liberty. When we
• 33:15
  Speaker 1: deny that a civilized society necessarily involves trade-offs, when we
• 33:20
  Speaker 1: buy into Obama's tripe about false choices, then we invite
• 33:23
  Speaker 1: collapse at the civilizational level. Some lines need to be drawn.
• 33:29
  Speaker 1: And if we can't draw the line at this, then
• 33:32
  Speaker 1: we can't draw any line anywhere for any reason. As
• 33:36
  Speaker 1: the saying goes, our Constitution is not a suicide pact.
• 33:40
  Speaker 1: Before our children are made to endure any more of
• 33:42
  Speaker 1: these horrors that's incumbent on the courts, Stop pretending that
• 33:45
  Speaker 1: it is.
• 33:46
  Speaker 2: That'll do it for the show today. Thanks for watching.
• 33:49
  Speaker 2: Thanks for listening. Talk to you tomorrow. Have a great day. Godspeed.
• 33:58
  Speaker 2: But in all of my years of public life, I
• 34:01
  Speaker 2: have never profited from public service. I welcome this kind of.
• 34:05
  Speaker 1: Examination because people have got to know whether or not
• 34:08
  Speaker 1: their presidents are corrupt.
• 34:10
  Speaker 2: Well, I'm not a crook.
• 34:11
  Speaker 1: For more than five decades, from Iran-Contra to Monica Lewinsky
• 34:15
  Speaker 1: to Russiagate, every political scandal has been measured against one,
• 34:18
  Speaker 1: the Watergate affair.
• 34:20
  Speaker 2: But what if Richard Nixon was telling the truth? What
• 34:23
  Speaker 2: if Watergate isn't what it seems?
• 34:26
  Speaker 1: What if hundreds of thousands of pages of sworn testimony, memoirs,
• 34:29
  Speaker 1: and newly released government documents tell a different story than
• 34:33
  Speaker 1: the one you learned in school? In 1972, Nixon won
• 34:37
  Speaker 1: the biggest electoral landslide in modern American history with grand
• 34:41
  Speaker 1: plans to remake the federal government. Two years later, he
• 34:44
  Speaker 1: was out of office. You were taught that Nixon's men
• 34:47
  Speaker 1: broke into the Democratic National.
• 34:49
  Speaker 8: Committee headquarters to spy on his political opponents. You were
• 34:52
  Speaker 8: taught that when he found out, Nixon covered it up,
• 34:55
  Speaker 8: and that the cover-up was worse than the crime. You
• 34:59
  Speaker 8: were taught that two heroic Washington Post reporters, guided by
• 35:03
  Speaker 8: a righteous FBI whistleblower, brought the most powerful.
• 35:06
  Speaker 2: Man in the world to justice. But you were never
• 35:09
  Speaker 2: told what really happened.
• 35:11
  Speaker 8: I shall resign the presidency effective at noon tomorrow.
• 35:14
  Speaker 1: The real history of the Watergate scandal is available now
• 35:17
  Speaker 1: on Daily Wire +.