It remains unclear whether that argument will succeed, particularly because the students who created the images admitted to 59 counts of sexual abuse of a child—an admission the court is likely to consider. As part of their punishment, the boys were ordered to serve probation and complete 60 hours of community service each, according to Lancaster Online. In their complaint, the victims argued that the tip reported conduct that qualifies as child sexual abuse under state and federal law, specifically the production and possession of child sexual abuse material involving minor students.
School accused of failing to stop the spread of AI-generated nude images
Attorneys for Lancaster Country Day School (LCDS) told Ars that only the students should face criminal liability for creating the AI-generated images. The school also argued that the court should dismiss it from the lawsuit because its only alleged connection to the incident is that both the victims and the accused students attended the school.
“What Student Plaintiffs do not allege, at any point in the Complaint, is that the images were shared in school, during school hours, or using school equipment or a school Internet connection,” LCDS said in its filing. “The sole nexus to LCDS in the Complaint is that the Student Plaintiffs and the harassers were all students of the school, but that is not enough to survive a motion to dismiss.”
Although potential gaps in existing law could help the school avoid liability in the AI-generated nude image scandal, LCDS’s motion to dismiss also acknowledged that the court may reject some of its arguments. Regarding the victims’ aiding-and-abetting claims, the school said relevant case law is “split.” That uncertainty could allow a judge to side with the students and hold the school potentially liable for negligence.
LCDS further argued that, even if the court does not accept its position, the victims have not shown that school officials knew the images existed or intentionally helped distribute them. According to the school, the lack of evidence on those points should be enough to defeat the claims.
For the victims, the school’s denial that it could have intervened earlier may be unsurprising but remains deeply troubling. Their complaint alleges that, after the school learned the AI-generated nude images described in the tip were real, it failed to provide adequate support, counseling, and resources. The victims claim that this failure negligently caused additional emotional distress while the girls felt especially vulnerable at school.
Source: arstechnica.com