A coalition of sex industry professionals and advocates has sent an open letter to EU regulators, critiquing their exclusion from important artificial intelligence policy discussions, despite being significantly affected by the rise of AI technology.
The collective, consisting of sex workers, erotic filmmakers, sex tech companies, and sex educators, emphasized to the European Commission the importance of their involvement in the discussions about future AI regulations. This information was sourced from the letter obtained by WIRED.
Key members of this group include the company of erotic filmmaker Erika Lust and the European Sex Workers’ Rights Alliance campaign group, backed by the Open Mind AI initiative. They are highlighting what they perceive as a severe oversight in the regulatory talks, pointing out that omitting their firsthand experiences with adult content could lead to overregulation and further marginalization of their community.
“AI is continuously evolving, introducing new developments at every turn,” stated Ana Ornelas, a pseudonym for Berlin-based erotic writer and educator Pimenta Cítrica, a leading voice in the campaign. “With the progression of this technology, it’s inevitable that people will employ it in pursuit of fulfilling their fantasies.”
But deepfakes are now a major AI threat. Ninety six percent of them feature nonconsensual “porn,” mostly of women and girls. It is “extremely harmful” to those targeted, as well as to porn performers, says Ornelas. “It’s a threat both to their human integrity and their livelihood,” she adds. “But the way the landscape is posed, adult content creators, sex workers, and educators are getting the shorter end of the stick on both sides of the spectrum.” She says that she fears banishing all adult content will sweep legitimately created content away with nonconsensual material and push people to AI models with no filters at all.
On August 1, the European Commission introduced what it called the world’s first comprehensive legislation on AI. The aim, it said, is to cultivate responsible use of AI across the bloc. It followed earlier EU legislation policing illegal and harmful activities on digital platforms. But the initiative’s organizers say regulators don’t understand the adult industry, risking censorship, draconian measures, and misunderstandings.
“We can offer the right insight to policymakers so they can regulate in a way that safeguards fundamental rights, freedom, and fosters a more sex-positive online environment,” says Ornelas.
A spokesperson for the European Commission told WIRED it values “diverse perspectives” and encouraged adult industry representatives to participate in its public consultations, including one upcoming on “unacceptable risks or prohibitions.”
Sex workers and porn performers have reported being affected by global laws aimed at sex trafficking and restrictions by banks limiting their financial services. They, along with sex educators, face challenges like account suspensions and deletions on online platforms.
“There’s a general lack of understanding about how these policies affect our work,” stated Paulita Pappel, an adult filmmaker and advocate. “We encounter discrimination and it would be beneficial if digital rights for all were equally protected by regulators.”
The adult industry also faces challenges with using AI technology, explained Ornelas. Most AI platforms restrict NSFW content under guidelines that regulate inappropriate material. Yet, OpenAI, the creators of ChatGPT, are exploring ways to responsibly manage NSFW content creation for age-appropriate scenarios.
Creating AI regulations that safeguard children while meeting the needs of various stakeholders is complex. This is evident in global discussions on tech regulations focused on child protection, like the UK’s Online Safety Act, which pushes for children’s safety on digital platforms.
The UK also opened a call for evidence on pornography regulation in January, focusing on online pornography. A similar format, Pappel says, could improve AI regulations in the EU.
Those driving the Open Mind AI initiative who spoke to WIRED also recognized the need to protect young people from seeing age-inappropriate content. “We’re on the same side, we want the same things,” says Ornelas. “Safe content and to be protected.”
The adult industry faces challenges not just in AI but in internet safety overall, says Barry O’Sullivan, a professor and founding director of the Insight SFI Research Centre for Data Analytics at University College Cork, Ireland. He says other issues that need to be addressed include age verification and safety tech.
The European Commission opened a public consultation in 2020 ahead of its AI rules and has hosted other targeted consultations, including for the financial industry and “general-purpose AI.” It has also hosted roundtables on tech regulation with tech industry stakeholders, including on its implementation of the EU’s Digital Services Act (DSA).
But as it stands, regulatory discussions fall short when it comes to considering the adult industry the same way as the commission does other online stakeholders, says Alessandro Polidoro, a digital rights activist and independent attorney coordinating the Digital Intimacy Coalition, which the Open Mind AI group is a part of.
“There’s a blind spot in digital regulation right now between the adult industry and AI policy,” he adds. “There are issues that have been completely ignored and overlooked and must be added to the dialog.”
While tech regulation can take years to crystallize–the EU’s AI rulebook entered into force more than three years after its proposal in April 2021—those leading the push for representation are optimistic. The European Commission designated major porn sites enforceable under the Digital Services Act, which regulates large online platforms, in December 2023—after, the Digital Intimacy Coalition says, the coalition sent an open letter.
“The European Commission has been commendable in maintaining an open dialog with different actors in the digital world, especially during the implementation of recent EU tech laws,” says Polidoro.
“We need to find a sweet spot, and it can only happen with a two-way conversation.”
Update 9/19/24 4:00 pm EST: This story has been updated to include a comment from the European Commission.
