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Conservative leaders urge Trump to oppose UN treaty on AI-generated content

Homilies

American Catholic Tribune Jan 9, 2025

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Rebecca Oas
, Ph.D. Director of Research | The Center for Family and Human Rights

A letter is circulating among conservative leaders in Washington, D.C., urging President Trump and the U.S. Congress to oppose a new UN treaty. The treaty, adopted by the General Assembly last month, allows countries to decriminalize AI-generated child pornography and sexting by minors. It will come into force if at least forty countries ratify it.

The letter argues that this treaty "eviscerates the strict standard to prosecute child pornography" currently upheld by international law, which is based on over two decades of federal and state law practice promoted internationally by the U.S. government.

Critics of the treaty highlight its requirement for countries to implement costly law enforcement measures, which they argue are unaffordable without substantial U.S. support. The letter calls on Congress to withhold funding from any programs that would undermine existing standards for prosecuting child pornography.

Proponents of virtual child pornography claim that such material does not harm real children and therefore should not be restricted. However, this argument has been dismissed by the U.S. Congress, which has enacted laws allowing for prosecution of virtual child pornography.

The letter states: “Allowing virtual child pornography of any kind is a recipe for disaster.” It emphasizes the need to prosecute all forms of pseudo-child pornography, including virtual types, due to potential risks posed to children.

In discussions about sexting by minors with adults, Western proponents argue that children over the age of consent have a right to express their sexuality freely. A European delegate voiced this perspective during negotiations reported last year. Meanwhile, a U.S. delegate from the Biden Administration suggested allowing flexibility in domestic laws concerning minors' sexual activity.

Social conservatives dismiss these arguments as dangerous: “These loopholes are a boon for the worst sex abusers and sexual deviants who will gain access to an endless stream of legally generated real and virtual child pornography.”

The letter also criticizes hurdles imposed by the treaty on aggressive prosecution of child exploitation cases, describing them as "insidious to minors." It advocates for prosecutors having discretion similar to other criminal law areas in charging minors with crimes.

Western governments praised the treaty as pioneering in prohibiting non-consensual dissemination of intimate images or "revenge porn." However, social conservatives argue this is insufficient justification given that it shifts protection responsibilities onto children rather than technology platforms and law enforcement.

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