I have trouble with this because it’s like 90% grey area. Is it a pic of a real child but inpainted to be nude? Was it a real pic but the face was altered as well? Was it completely generated but from a model trained on CSAM? Is the perceived age of the subject near to adulthood? What if the styling makes it only near realistic (like very high quality CG)?
I agree with what the FBI did here mainly because there could be real pictures among the fake ones. However, I feel like the first successful prosecution of this kind of stuff will be a purely moral judgement of whether or not the material “feels” wrong, and that’s no way to handle criminal misdeeds.
If not trained on CSAM or in painted but fully generated, I can’t really think of any other real legal arguments against it except for: “this could be real”. Which has real merit, but in my eyes not enough to prosecute as if it were real. Real CSAM has very different victims and abuse so it needs different sentencing.
