Sept. 5, 2023
Sent via electronic mailThe Honorable Patty Murray
President Pro Tempore
U.S. Senate
154 Russell Senate Office Bldg.
Washington, DC 20510

The Honorable Kevin McCarthy
Speaker of the House
U.S. House of Representatives
H-232 The Capitol
Washington, DC 20515

The Honorable Chuck Schumer
Senate Majority Leader
U.S. Senate
322 Hart Senate Office Bldg.
Washington, DC 20510

The Honorable Steve ScaliseHouse Majority Leader
U.S. House of Representatives
2049 Rayburn House Office Bldg.
Washington, DC 20515

The Honorable Mitch McConnell
Senate Minority Leader
U.S. Senate
317 Russell Senate Office Bldg.
Washington, DC 20510

The Honorable Hakeem Jeffries
House Minority Leader
U.S. House of Representatives
2433 Rayburn House Office Bldg.
Washington, DC 20515

Re: Artificial Intelligence and the Exploitation of Children
Dear President Murray; Speaker McCarthy; and Leaders Schumer,
McConnell, Scalise, and Jeffries:
We, the attorneys general of the 54 undersigned states and U.S.
territories, are writing to you today to request that an expert
commission be established by Congress to study the means andmethods of artificial intelligence (AI) used to exploit children
specifically, such as through the generation of child sexual abusematerial (CSAM), and to propose solutions to deter and address such
exploitation in an effort to protect America’s children.
As the world has become increasingly aware, AI is rapidly transforming
the landscape of what is possible. While AI has the potential to bringabout remarkable advances in our society, it also has the potential to inflict serious harms.
In recent months, Congress has committed itself to studying AI and to beginning the processof developing a regulatory framework to address some of these harms. While we commend
Congress for these initial efforts, we write to highlight an underreported and understudied
aspect of the AI problem—namely, the exploitation of children through AI technology.
As Attorneys General of our respective States and territories, we have a deep and grave
concern for the safety of the children within our respective jurisdictions. We also have aresponsibility to hold accountable those who seek to harm children in our States andterritories. And while internet crimes against children are already being actively prosecuted,
we are concerned that AI is creating a new frontier for abuse that makes such prosecution
more difficult.
With these concerns in mind, we write to provide background on this unique problem andurge Congress to take action to address it.
Exploitation of Children Through AI
As we all learn more about the capabilities of AI, it is becoming increasingly apparent that thetechnology can be used to exploit children in innumerable ways. AI has the potential to be
used to identify someone’s location, mimic their voice, and generate deepfakes.
As a matter of physical safety, using AI tools, images of anyone, including children, can bescoured and tracked across the internet and used to approximate or even anticipate avictim’s location. 1
As a matter of personal privacy, AI can even study short recordings of a person’s voice, suchas from voicemail or social media posts, and convincingly mimic that voice to say things that
person never said. This technology has already been used by scammers to fake kidnappings. 2
Most disturbingly, AI is also being used to generate child sexual abuse material (CSAM). 3 For
example, AI tools can rapidly and easily create “deepfakes” by studying real photographs of
Fox News, “Who is watching you? AI can stalk unsuspecting victims with ‘ease and precision’: experts”,
May 30, 2023, https://www.foxnews.com/us/who-is-watching-you-ai-can-stalk-unsuspectingvictims-ease-precision-experts (accessed Jul. 17, 2023).
2
NewsNation, “I have your daughter’: Mom warns of AI dangers after scam”, Jun. 14, 2023,
https://www.newsnationnow.com/politics/i-have-your-daughter-mom-warns-ai-dangers-afterscam/ (accessed Jul. 17, 2023); see also Daily Mail, “Scammers are targeting parents by using AI toclone their children’s voices and then calling with fake emergencies and randsom [sic] demands”, Jul.
3, 2023, https://www.dailymail.co.uk/news/article-12247143/Scammers-using-CHILDRENS-voicesgenerated-AI-fake-emergency-phone-calls.html (accessed Jul. 17, 2023)
3
The Washington Post, “AI-generated child sex images spawn new nightmare for the web”, Jun. 19,2023,
https://www.washingtonpost.com/technology/2023/06/19/artificial-intelligence-child-sexabuse-images/ (accessed Jul. 17, 2023).
1

abused children to generate new images showing those children in sexual positions. This
involves overlaying the face of one person on the body of another. 4 Deepfakes can also begenerated by overlaying photographs of otherwise unvictimized children on the internet withphotographs of abused children to create new CSAM involving the previously unharmedchildren. Additionally, AI can combine data from photographs of both abused and nonabused children to animate new and realistic sexualized images of children who do not exist,
but who may resemble actual children. Creating these images is easier than ever, as anyone
can download the AI tools to their computer and create images by simply typing in a short
description of what the user wants to see. And because many of these AI tools are “opensource,” the tools can be run in an unrestricted and unpoliced way. 5
Prior to AI, it was possible for skilled photo editors to “photoshop” images by modifying theirappearance with computer software tools. However, AI has made it quick and easy for eventhe least-proficient user to generate deepfake images. 6 Whether the children in the source
photographs for deepfakes are physically abused or not, creation and circulation ofsexualized images depicting actual children threatens the physical, psychological, andemotional wellbeing of the children who are victimized by it, as well as that of their parents.
Even in situations where the CSAM images generated by AI are not deepfakes but are realistic
animations depicting children who do not actually exist, these creations are still problematicfor at least four reasons: 1) this AI-generated CSAM is still often based on source images ofabused children; 2) even if some of the children in the source photographs have never been
abused, the AI-generated CSAM often still resembles actual children, which potentially harms
and endangers those otherwise unvictimized children, as well as their parents; 3) even if someAI-generated CSAM images do not ultimately resemble actual children, the images support
the growth of the child exploitation market by normalizing child abuse and stoking theappetites of those who seek to sexualize children; 7 and 4) just like deepfakes, these uniqueimages are quick and easy to generate using widely available AI tools.

4

PetaPixel, “FBI Warns of AI-Generated Deepfakes [sic] Images in Sextortion Schemes”, Jun. 7, 2023,
https://petapixel.com/2023/06/07/fbi-warns-of-ai-generated-deepfakes-images-in-sextortionschemes/ (accessed Jul. 17, 2023).
5
See footnote 3.
6
The Washington Post, “Anyone can Photoshop now, thanks to AI’s latest leap”, Jun. 16, 2023,
https://www.washingtonpost.com/technology/2023/06/16/ai-photoshop-generative-fill-review/(accessed Jul. 17, 2023)
7
See BBC News, “Illegal trade in AI child sex abuse images exposed”, Jun. 28, 2023,
https://www.bbc.com/news/uk-65932372 (accessed Jul. 17, 2023); see also Evening Standard,“Internet Watch Foundation confirms first AI-generated child sex abuse images”, Jul. 18, 2023,
https://www.standard.co.uk/tech/rishi-sunak-prime-minister-national-crime-agencyb1094964.html (accessed Jul. 18, 2023).

Call to Action
While we know Congress is aware of concerns surrounding AI, 8 and legislation has been
recently proposed at both the state and federal level to regulate AI generally, 9 much of thefocus has been on national security and education concerns. 10 And while those interests areworthy of consideration, the safety of children should not fall through the cracks whenevaluating the risks of AI.
Conclusion
We believe the following would be a good start in the race to protect our children from thedangers of AI:
First, Congress should establish an expert commission to study the means and methods ofAI that can be used to exploit children specifically and to propose solutions to deter andaddress such exploitation. This commission would operate on an ongoing basis due to therapidly evolving nature of this technology to ensure an up-to-date understanding of theissue. While we are aware that several governmental offices and committees have been
established to evaluate AI generally, 11 a working group devoted specifically to the protectionof children from AI is necessary to ensure the vulnerable among us are not forgotten.
Second, after considering the expert commission’s recommendations, Congress should act
to deter and address child exploitation, such as by expanding existing restrictions on CSAM
to explicitly cover AI-generated CSAM. This will ensure prosecutors have the tools they needto protect our children.
We are engaged in a race against time to protect the children of our country from the dangersof AI. Indeed, the proverbial walls of the city have already been breached. Now is the time toact. We appreciate your consideration.

8

Reuters, “U.S. Senate leader schedules classified AI briefings”, Jun. 6, 2023,
https://www.reuters.com/technology/us-senate-leader-schedules-classified-ai-briefings-2023-0606/ (accessed Jul. 17, 2023).
9
See Reuters, “U.S. Congress to consider two new bills on artificial intelligence,” Jun. 9, 2023,
https://www.reuters.com/technology/us-congress-consider-two-new-bills-artificial-intelligence2023-06-08/ (accessed Jul. 17, 2023); see also National Conference of State Legislatures,“Artificial Intelligence 2023 Legislation”, updated Apr. 18, 2023, https://www.ncsl.org/technology-andcommunication/artificial-intelligence-2023-legislation (accessed Jul. 17, 2023).
10
Reuters, “US Senate leader Schumer calls for AI rules as ChatGPT surges in popularity”, Apr. 13, 2023,
https://www.reuters.com/world/us/senate-leader-schumer-pushes-ai-regulatory-regime-afterchina-action-2023-04-13/ (accessed Jul. 17, 2023).
11
The National Artificial Intelligence Initiative Office, https://www.ai.gov/#SCAI-SELECT-COMMITTEEON-AI (accessed Jul. 17, 2023).

The four co-sponsors of this letter, the attorneys general of Mississippi, North Carolina, South
Carolina, and Oregon, are joined by the undersigned attorneys general across the U.S. statesand its territories.
Sincerely,Lynn Fitch
Mississippi Attorney General

Josh Stein
North Carolina Attorney General

Ellen F. Rosenblum
Oregon Attorney General

Alan Wilson
South Carolina Attorney GeneralSteve Marshall
Alabama Attorney General

Treg R. Taylor
Alaska Attorney General

Kris Mayes
Arizona Attorney General

Tim Griffin
Arkansas Attorney General

Rob Bonta
California Attorney General

Phil Weiser
Colorado Attorney GeneralWilliam Tong
Connecticut Attorney General

Kathleen Jennings
Delaware Attorney General

Brian Schwalb
District of Columbia Attorney General

Ashley Moody
Florida Attorney General

Christopher M. Carr
Georgia Attorney General

Anne E. Lopez
Hawaii Attorney General

Raúl Labrador
Idaho Attorney General

Kwame Raoul
Illinois Attorney General

Todd Rokita
Indiana Attorney General

Brenna Bird
Iowa Attorney General

Kris KobachKansas Attorney General

Daniel Cameron
Kentucky Attorney General

Jeff Landry
Louisiana Attorney General

Aaron M. Frey
Maine Attorney General

Anthony G. Brown
Maryland Attorney General

Andrea Joy Campbell
Massachusetts Attorney General

Dana Nessel
Michigan Attorney General

Keith Ellison
Minnesota Attorney General

Andrew Bailey
Missouri Attorney General

Austin Knudsen
Montana Attorney General

Mike Hilgers
Nebraska Attorney General

Aaron D. Ford
Nevada Attorney General

John M. Formella
New Hampshire Attorney General

Matthew J. Platkin
New Jersey Attorney General

Raúl Torrez
New Mexico Attorney General

Letitia JamesNew York Attorney General

Drew H. Wrigley
North Dakota Attorney General

Edward Manibusan
Northern Mariana Islands Attorney General

Dave Yost
Ohio Attorney General

Gentner Drummond
Oklahoma Attorney General

Michelle Henry
Pennsylvania Attorney General

Domingo Emanuelli-Hernández
Puerto Rico Attorney GeneralPeter F. Neronha
Rhode Island Attorney General

Marty JackleySouth Dakota Attorney GeneralJonathan Skrmetti
Tennessee Attorney General

Angela Colmenero
Provisional Texas Attorney General

Ariel M. Smith
U.S. Virgin Islands Attorney General

Sean D. Reyes
Utah Attorney General

Charity Clark
Vermont Attorney General

Jason S. Miyares
Virginia Attorney GeneralRobert W. Ferguson
Washington Attorney General

Patrick Morrisey
West Virginia Attorney General

Joshua L. Kaul
Wisconsin Attorney General

Bridget Hill
Wyoming Attorney General