I believe that at a certain point, “agency” is an emergent feature. That means that, while all the single bits are well understood probability-wise, the total picture is still more than that.
It makes sense to me to accept that if it looks like a duck, and it quacks like a duck, then it is a duck, for a lot (but not all) of important purposes.
Edgy comment here but:
In another thread we were discussing AI-generated CSAM. Thread:
https://feddit.de/post/6315841
You would probably agree, then, that such material is not problematic, because even if it looks like CSAM, and it quacks like CSAM, it is not CSAM, therefore we don’t have to take it seriously or regulate it in similar ways that we do regulate actual CSAM, if I continue your logic, no?