Adult Industry Advocates Seek Inclusion in AI Regulation Talks, Highlighting Oversight Risks

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Adult Entertainment Professionals Seek Influence Over AI Regulations

On Thursday, a coalition of individuals working in the adult entertainment sector, along with their supporters, released a public letter addressed to European Union lawmakers. They argue that their perspectives are being ignored in crucial conversations about regulating artificial intelligence technology, even though they are significantly affected by the rapid advancement of AI.

Following new internet rules in Europe, a group of individuals and businesses from the adult entertainment sector, such as sex workers, producers of erotic content, sex technology companies, and sex education professionals, have made an appeal to the European Commission. They're asking to be part of the discussions that will influence the development of AI regulations in the future, as stated in a letter reviewed by WIRED.

The collective encompasses the business of adult film director Erika Lust and the advocacy organization European Sex Workers’ Rights Alliance, both of whom have endorsed the Open Mind AI initiative. Their objective is to bring to the commission's attention what they perceive as a significant oversight in the ongoing conversations about AI governance. The organizers behind the initiative argue that the prevailing approach to these discussions may overlook direct insights from the realm of adult content and impose excessive regulations on a community that is already on the fringes.

"Every day brings new advancements in AI, and we're witnessing innovation at every turn," stated Ana Ornelas, an erotic writer and educator based in Berlin, who operates under the pen name Pimenta Cítrica and is at the forefront of the movement. "It's only expected that individuals will embrace this emerging technology to fulfill their desires."

Deepfakes have emerged as a significant threat within the realm of artificial intelligence. An overwhelming ninety-six percent of deepfakes involve unauthorized “pornographic content,” predominantly targeting women and girls. These creations have a profoundly negative impact on the victims, as well as on those who work in the adult entertainment industry, Ornelas notes. She highlights that this issue not only violates the personal dignity of those affected but also threatens their financial stability. “The current situation puts adult content producers, sex workers, and educators at a disadvantage, facing challenges from both ends,” she explains. Ornelas expresses concern that a complete ban on adult content could inadvertently eliminate legal content along with the unauthorized material, driving individuals towards AI platforms that lack any form of regulation.

On August 1, the European Commission unveiled what it described as the globe's inaugural detailed regulatory framework for Artificial Intelligence (AI). The goal, according to the Commission, is to promote the ethical application of AI throughout the European Union. This move comes on the heels of previous EU laws that sought to regulate illicit and detrimental activities on online platforms. However, those behind the initiative have voiced concerns that authorities lack insight into the adult entertainment sector, leading to potential issues of censorship, overbearing restrictions, and confusion.

Ornelas suggests that they are able to provide valuable guidance to lawmakers, enabling them to establish regulations that protect essential freedoms and rights while promoting a healthier, more positive attitude towards sex online. The European Commission has yet to reply to a request for a statement from WIRED.

Individuals involved in the sex work and adult entertainment sectors have experienced restrictions and unfair treatment as a result of worldwide laws aimed at combating sex trafficking, alongside banks restricting their financial services. Furthermore, professionals in the adult industry, such as sex educators, have faced challenges with their accounts being suspended or deleted on various technological platforms.

"Paulita Pappel, an adult film producer and lead coordinator for the project, points out that there's a general unawareness about the effects of policies on our way of life. She states, "We're experiencing unfair treatment, and it would be beneficial if those in charge of safeguarding individual rights could also ensure the protection of digital liberties for all."

Ornelas points out that the industry faces challenges in leveraging AI technology. This is largely because leading AI platforms typically prohibit NSFW (Not Safe For Work) material, enforcing rules to filter out what is commonly deemed as unsuitable content. Meanwhile, OpenAI, the organization behind ChatGPT, has mentioned that it is exploring ways to "safely enable the creation of NSFW content for audiences of an appropriate age."

Creating AI regulations that cater to the needs of all, especially prioritizing the protection of children—a topic that has gained significant attention in worldwide discussions on tech governance—is a nuanced challenge. Authorities are taking steps to prevent minors from accessing explicit materials. A notable case is the contentious Online Safety Act in the UK, designed to compel tech firms to safeguard minors across their digital spaces and services.

In January, the UK initiated a request for information regarding the regulation of online pornography. Pappel believes that adopting a similar approach could enhance the regulation of AI within the EU.

Individuals leading the Open Mind AI project, in conversation with WIRED, acknowledged the importance of shielding minors from content that's not suitable for their age. Ornelas remarked, "We're aligned in our goals – we all desire secure content and safety."

Barry O’Sullivan, a professor and the initial director of the Insight SFI Research Centre for Data Analytics at University College Cork in Ireland, points out that the adult industry is encountering difficulties not only with AI but also with broader online security measures. He highlights that key concerns that demand attention are age verification processes and safety technologies.

In 2020, the European Commission launched a public feedback initiative prior to establishing its regulations on artificial intelligence. It has also organized several focused discussions, encompassing areas such as the financial sector and broad-based AI applications. Additionally, the Commission has convened discussions with key players in the technology sector regarding the enforcement of the EU's Digital Services Act (DSA).

According to Alessandro Polidoro, a digital rights advocate and freelance lawyer who oversees the Digital Intimacy Coalition, a member of the Open Mind AI collective, current regulatory debates do not treat the adult industry with the same level of consideration as other digital entities, as per the regulatory body's approach.

"He points out a significant oversight in the realm of digital rules that exists at the intersection of the adult sector and artificial intelligence guidelines. He emphasizes that certain problems have been neglected and need to be incorporated into the conversation."

The process of implementing technological regulations can be a lengthy one. For instance, it took over three years for the EU's guidelines on AI, proposed in April 2021, to be officially adopted. However, advocates for increased oversight remain hopeful. In a significant move, the European Commission, in December 2023, made key adult content websites subject to the Digital Services Act—a set of rules aimed at governing major internet platforms. This decision came following an open letter from the Digital Intimacy Coalition, highlighting the group's influence.

"Polidoro praises the European Commission for its efforts to keep conversations going with various stakeholders in the technology sector, particularly while putting the latest EU technology regulations into action."

"We must identify an ideal balance, achievable only through reciprocal dialogue."

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