New Mexico

Cops are now using AI to generate images of fake kids, which are helping them catch child predators online, a lawsuit filed by the state of New Mexico against Snapchat revealed this week.

According to the complaint, the New Mexico Department of Justice launched an undercover investigation in recent months to prove that Snapchat “is a primary social media platform for sharing child sexual abuse material (CSAM)” and sextortion of minors, because its “algorithm serves up children to adult predators.”

As part of their probe, an investigator “set up a decoy account for a 14-year-old girl, Sexy14Heather.”

Despite Snapchat setting the fake minor’s profile to private and the account not adding any followers, “Heather” was soon recommended widely to “dangerous accounts, including ones named ‘child.rape’ and ‘pedo_lover10,’ in addition to others that are even more explicit,” the New Mexico DOJ said in a press release.

And after “Heather” accepted a follow request from just one account, the recommendations got even worse. “Snapchat suggested over 91 users, including numerous adult users whose accounts included or sought to exchange sexually explicit content,” New Mexico’s complaint alleged.

“Snapchat is a breeding ground for predators to collect sexually explicit images of children and to find, groom, and extort them,” New Mexico’s complaint alleged.

Posing as “Sexy14Heather,” the investigator swapped messages with adult accounts, including users who “sent inappropriate messages and explicit photos.” In one exchange with a user named “50+ SNGL DAD 4 YNGR,” the fake teen “noted her age, sent a photo, and complained about her parents making her go to school,” prompting the user to send “his own photo” as well as sexually suggestive chats. Other accounts asked “Heather” to “trade presumably explicit content,” and several “attempted to coerce the underage persona into sharing CSAM,” the New Mexico DOJ said.

“Heather” also tested out Snapchat’s search tool, finding that “even though she used no sexually explicit language, the algorithm must have determined that she was looking for CSAM” when she searched for other teen users. It “began recommending users associated with trading” CSAM, including accounts with usernames such as “naughtypics,” “addfortrading,” “teentr3de,” “gayhorny13yox,” and “teentradevirgin,” the investigation found, “suggesting that these accounts also were involved in the dissemination of CSAM.”

This novel use of AI was prompted after Albuquerque police indicted a man, Alejandro Marquez, who pled guilty and was sentenced to 18 years for raping an 11-year-old girl he met through Snapchat’s Quick Add feature in 2022, New Mexico’s complaint said. More recently, the New Mexico complaint said, an Albuquerque man, Jeremy Guthrie, was arrested and sentenced this summer for “raping a 12-year-old girl who he met and cultivated over Snapchat.”

In the past, police have posed as kids online to catch child predators using photos of younger-looking adult women or even younger photos of police officers. Using AI-generated images could be considered a more ethical way to conduct these stings, a lawyer specializing in sex crimes, Carrie Goldberg, told Ars, because “an AI decoy profile is less problematic than using images of an actual child.”

But using AI could complicate investigations and carry its own ethical concerns, Goldberg warned, as child safety experts and law enforcement warn that the Internet is increasingly swamped with AI-generated CSAM.

“In terms of AI being used for entrapment, defendants can defend themselves if they say the government induced them to commit a crime that they were not already predisposed to commit,” Goldberg told Ars. “Of course, it would be ethically concerning if the government were to create deepfake AI child sexual abuse material (CSAM), because those images are illegal, and we don’t want more CSAM in circulation.”

Experts have warned that AI image generators should never be trained on datasets that combine images of real kids with explicit content to avoid any instances of AI-generated CSAM, which is particularly harmful when it appears to depict a real kid or an actual victim of child abuse.

In the New Mexico complaint, only one AI-generated image is included, so it’s unclear how widely the state’s DOJ is using AI or if cops are possibly using more advanced methods to generate multiple images of the same fake kid. It’s also unclear what ethical concerns were weighed before cops began using AI decoys.

The New Mexico DOJ did not respond to Ars’ request for comment.

Goldberg told Ars that “there ought to be standards within law enforcement with how to use AI responsibly,” warning that “we are likely to see more entrapment defenses centered around AI if the government is using the technology in a manipulative way to pressure somebody into committing a crime.”