AI porn case student facing criminal probe by Hong Kong privacy watchdog
Hong Kong's privacy watchdog has started a criminal investigation into a university student accused of using AI to generate pornographic images of classmates and other women, while the city's leader has pledged to examine regulations elsewhere and look for 'best practices'.
A spokesman for the Office of the Privacy Commissioner for Personal Data warned on July 15 that anyone who disclosed another person's information without their consent with the intent to harm or with reckless disregard for potential harm could be criminally liable.
'The Office of the Privacy Commissioner for Personal Data has begun a criminal investigation into the said matter. We have no further comments at this stage,' the spokesman said.
The case centres on a University of Hong Kong (HKU) law student who received a warning from the institution after he was found to have used AI to generate explicit images.
Three of the victims made public their accusations against the student referred to as 'X' in social media posts on Saturday as they alleged the university had not done enough to hold the man accountable.
The trio said they had no plans to report the incident to police, as they had learned that 'such acts had not been regulated by the local criminal framework'.
Weighing in on the case on Tuesday, Chief Executive John Lee Ka-chiu called on institutions to deal with students' misconduct seriously, saying any illegal acts should also be reported to law enforcement agencies.
Lee pointed to current legislation such as the Crimes Ordinance, which covered Internet activities and countered threats to publish intimate images without consent and access to a computer with dishonest content.
But he conceded that artificial intelligence (AI) was an emerging technology that was evolving 'very rapidly', with new capabilities and developments appearing in a very short period of time.
'The government will closely monitor the situation regarding the fast development and application of AI, examine global regulatory trends, and conduct in-depth research into international best practices to see what we should do in regard to the case,' Lee said before his weekly meeting with the government's top decision-making Executive Council.
He warned that any conduct that caused harm to others could constitute a criminal offence and infringe individual rights and privacy.
'Universities should deal with student misconduct seriously,' he said, stressing that institutions were responsible not only for imparting knowledge but also for cultivating students' moral character.
'While some misconduct may be dealt with under internal university rules, any act that may [run] counter [to] the law should be reported to law enforcement agencies for action.'
In their earlier statement on social media, the three victims said a friend of X had discovered pornographic images of multiple women on his personal laptop in mid-February. When questioned, X admitted he had used photos of the victims – mainly screenshots from social media – as material to generate pornographic images using free online AI software.
But questions have been raised about whether he can be charged under the law as the city's regulations covered acts of voyeurism and the publication or distribution of images – rather than just their creation.
The Innovation, Technology and Industry Bureau earlier said that existing laws would be reviewed if necessary.
HKU said on Monday that it was conducting a review of the incident and pledged to take further action after several victims demanded that more be done.
In a letter addressed to students of HKU's law faculty on Sunday, dean Fu Hualing expressed his 'deepest concern' regarding the incident that involved 'offensive, abusive and deplorable' behaviour.
'The faculty unequivocally condemns all forms of gender discrimination, harassment, and misconduct,' he said, vowing to conduct a thorough review of the case and take appropriate action to ensure a safe and respectful learning environment for all students and staff.
Acknowledging the challenges created by emerging AI tools in the school environment, he said the faculty had been working closely with the university to review and strengthen existing policies and outreach efforts to address the issue. – South China Morning Post
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