Close the legal loophole on AI-Generated child sexual abuse material

Addressed to: Chairs and Ranking Members, U.S. House and Senate Judiciary Committees, and Members of Congress

In August 2026, the U.S. Court of Appeals for the Seventh Circuit ruled that private possession of AI-generated child sexual abuse material (material that does not depict a real, identifiable child) is protected under the First Amendment, relying on the Supreme Court's 2002 decision in *Ashcroft v. Free Speech Coalition*. The panel itself noted that this area of law has not kept pace with advances in AI image generation, and called for further guidance from the Supreme Court or Congress.

    A terrible legal gap has been created. That being, existing federal law was written for a time before generative AI could produce highly realistic abusive imagery of children without using a real victim. As it stands, this gap leaves room for private possession of this material to go unprosecuted at the federal level. To leave room for pedophilic behavior is disgusting.

We, the undersigned, urge Congress to act quickly to close this gap by:

1 - Amending federal law (such as the PROTECT Act and related statutes) to explicitly and expeditiously criminalize the possession, creation, and distribution of AI-generated child sexual abuse material, regardless of whether it depicts a real or fictional child.

2 - Clarifying that "virtual" or "computer-generated" child sex abuse material is not protected expressive speech, given that its existence causes real harm. It normalizes the sexual exploitation of children, can be used to groom victims, and is often indistinguishable from abuse imagery involving real children, complicating enforcement.

3 - Providing law enforcement and prosecutors with clear statutory tools to act on this material without waiting for conflicting circuit court rulings or a slow path to the Supreme Court. These crimes should be handled swiftly to get this material and its users off of the streets.

4 - Holding hearings in the House and Senate Judiciary Committees to address this ruling directly and move legislation forward with urgency. There is no reason that someone, who has a clear interest in and is a threat to children, should not have their CSA actions protected by the constitution.

WHY DOES THIS MATTER?

Child safety should never be left to a gap in outdated statutory language. Abuse is abuse and enough is enough. Congress has the authority, and the responsibility, to update federal law to reflect present-day technology and close this loophole before it is exploited further. Children are the future of this country. Their innocence should be protected in all ways (physical or digital). We should not have to live in fear of posting our memories with our children because someone could steal them and use them for their sick pleasures. You are suppose to be FOR THE PEOPLE. Well the people are telling you SAVE OUR KIDS!! Be on the right side of history. 

**Signed,**

**These Constituents**