Operationalizing NCII and CSAM Law in the Age of AI: Open Problems

Advances in generative AI have driven a surge in synthetic non-consensual intimate imagery (NCII) and child sexual abuse material (CSAM), prompting a series of legal reforms. These reforms rely on legal definitions where technical operationalization is ambiguous, such as whether a depicted person is identifiable, whether a model is capable of or intended for abuse generation, and whether an abusive image can be traced to the model that produced it. Drawing on the law of England and Wales and the United States, we examine the relevant law alongside the technical research needed to operationalize it. From this, we develop a research agenda of open problems at this technical-legal interface, spanning the interpretation of existing law, the prevention of harm before an AI tool is deployed, and enforcement of offenses. These are problems the technical community is well placed to solve, and where progress is vital to real-world protection.