FOR IMMEDIATE RELEASE
Hi Everyone <3
If you have not seen the news lately, a recent decision in the Seventh Circuit Court of Appeals was just released. In United States v. Anderegg, a man was charged after using artificial intelligence to create child sexual abuse material (CSAM). The government acknowledged that the images did not depict any real children; however, based on existing Supreme Court precedent, the court determined that the government could not prosecute the defendant simply for privately possessing these entirely AI-generated images in his home because no real children were depicted in them. In other words, the court's decision protects his private possession of these particular AI-generated images under the circumstances of this case. Whether the production, distribution, or transfer of this material is protected was not decided by this appeal, and those charges against the defendant remain. The judges made clear that they had serious concerns about the outcome of the possession issue, particularly because modern AI can now create images that are extremely difficult to distinguish from photographs of real children, but said they were required to follow existing Supreme Court precedent.
For anyone who would like to read the court’s decision in its entirety, it can be found here:
We also want to make something incredibly clear: this is NOT about politics. This is not a statement about a political party, politician, administration, or ideology. This is about the protection of children and the responsibility we believe we have as photographers when deciding what images we place onto the open internet. We believe in the protection of children. Regardless of anyone’s political beliefs, we hope that protecting the privacy, dignity, and innocence of children is something we can all stand behind.
Since AI models can use real imagery in the creation of AI-generated imagery, we have made the incredibly difficult decision, like many other photographers, to no longer publish, promote, or advertise our images that depict identifiable features of children. We, as photographers, do not want to be a part of a system that helps violate a child’s privacy or innocence.
Any images that depict real, identifiable features of children will be modified in a way that does not reveal the true identity of our client’s child, as pictured in the header. We realize that AI and technology continue to advance every day and that other individuals have learned how to use Photoshop and similar tools, but with our current modifications, no one will be able to recover the original information behind the modification in the published image.
We realize this may seem like a rash decision. We are still relatively small as a business. However, we continue to grow EVERY DAY. We have no idea where we, as a business, or technology will be in the next 5 to 10 years. So, with this in mind, we would rather be overly cautious than one day wish we had been more cautious with the sharing of our work.
We love our clients and their children almost as much as they do. We love taking pictures of you all, and we love it even more when we get to share them with others. Our philosophy is always to capture a real smile. But we do not want to promote or aid predators in any way by allowing our material to be abused.
Any images that were previously shared depicting identifiable features of real children will or have been removed or taken down from our social media accounts and website(s). Please understand that this is an ongoing process. We have years of photographs, posts, galleries, and other content to review, and it will take time for us to identify, remove, or modify all applicable images. If an image depicting a real child is still published, it does not mean that we have chosen to exclude it from this policy; it may simply be one we have not reached yet. These images may be reshared in the future in a modified way that does not reveal that child’s identity, unless a parent has a concern. Any images displayed through our gallery delivery service and portfolio will follow suit. Images depicting identifiable features of children that could compromise their identity will be made private and accessible only to the photographer and client.
For our existing clients, we have also begun updating the privacy and security settings of currently published galleries affected by this policy. Details regarding these changes have been sent directly to affected clients via email, including any information needed to access their updated gallery. If you believe your gallery may be affected and you have not received an email from us, please reach out. Likewise, if you find an image within your gallery or elsewhere on our website or social media that you believe should be removed, modified, or made private, please let us know so we can address it.
Any high school seniors or graduates under the age of 18, but over the age of 16, may be required to have a parent or legal guardian sign a waiver form so that Old Oak Photo Co. may use their images for advertising purposes.
We are incredibly thankful to all of the clients we’ve had throughout the years, and we cannot wait to continue to grow and photograph both existing and new ones. We hope that we may someday be able to post unrestricted images of children again on social media, but we want to be proactive instead of reactive.
Again, this decision is not political. It is a decision we are making independently as photographers, business owners, and people who have been trusted with photographs of your families. When a parent trusts us to photograph their child, we believe that trust extends beyond the moment we press the shutter. It includes how we choose to handle those images afterward.
We appreciate you all. If you have any questions at all, please do not hesitate to reach out, message or email us.
Thank you again.
-Tommy + Shelbi
Old Oak Photo Co. 🤎🤍