xAI sues Minnesota over state law banning AI-generated nude images
Elon Musk's xAI filed a federal lawsuit challenging Minnesota's new law that prohibits AI tools from creating non-consensual nude images, arguing the statute overreaches constitutional protections.
Elon Musk's artificial-intelligence firm xAI filed a lawsuit in federal court on Monday challenging Minnesota's recently enacted law that bans the creation of AI-generated nude images of real people. The legislation, which takes effect on Saturday, is the first state measure to prohibit so-called “nudification” technology on websites and apps.
In a 38-page complaint, xAI acknowledged the state's interest in preventing non-consensual nude depictions but contended that the law extends beyond that purpose. The company argues the statute lacks a safe-harbor provision for developers that take good-faith steps to block such content, and that it could penalize images that were consented to by the subjects or created by them. xAI also says the definition of “intimate part” is overly broad, encompassing body parts commonly visible in public settings.
Minnesota Attorney General Keith Ellison said his office had not yet received the lawsuit. He added that the use of AI to generate non-consensual nude images is “appalling” and harms individuals emotionally, personally and professionally.
The Minnesota law differs from existing federal and state statutes that target the users of deep-fake tools rather than the tool makers. The federal Take-Down Act, passed last year, requires platforms to establish processes for removing illegal AI-generated images.
xAI noted that its terms of service prohibit using its Grok chatbot and image generator for illegal, harmful, or abusive activities, including altering images to create non-consensual nudity. The company said it enforces these rules through account suspensions, terminations and reporting of suspected child sexual abuse content. Earlier this year, xAI announced it would geoblock content that violates local laws and had disabled a “spicy mode” that allowed creation of explicit material.
“We have implemented technological measures to prevent the Grok account from allowing the editing of images of real people in revealing clothing such as bikinis, underwear and other revealing attire,” xAI said in a January statement.