It’s not about CSA, it’s about illegal content. And laws change all the time.
For example, an individual can generate AI images of Hollywood actors using Stable Diffusion and a decently powerful computer. Said individual had the right to share those images online with a community.
Now however the sharing and distribution of said images is considered illegal in my USA state.
So, are the images said individual created and shared three years ago subject to prosecution? Even if the law went into effect 3 months ago?
> Even if the law went into effect 3 months ago?
No. The right not to be tried for actions that weren't crimes at the time is pretty universally applied in the west (I am not aware of the legal situation in other parts of the world, but I imagine it's honored there too). (Article 7 of the European Convention on Human Rights for the EU, Article I, Section 9 & 10 of the constitution for the US)
> So, are the images said individual created and shared three years ago subject to prosecution?
Generally, criminal acts are judged according to the rules of the jurisdiction where they happened, so I wouldn't be too worried about this. This isn't a universal rule though, so you won't find it enshrined in constitutions or treaties.