xAI files federal lawsuit challenging Minnesota's AI nudification ban

Elon Musk's artificial-intelligence company xAI has filed a lawsuit in federal court contesting Minnesota's recently enacted law that bans the creation and distribution of AI-generated nude images of real people. The legislation, which is set to take effect on Saturday, makes the state the first to outlaw so-called “nudification” technology and imposes a $500,000 penalty for each violation.

In a 38-page complaint, xAI acknowledged the state's interest in preventing non-consensual nude images but said the law extends beyond that purpose, covering a broad range of protected visual content, including images that the depicted individuals have consented to or created themselves. The company also argued that the statute lacks a safe-harbor provision for operators that take good-faith steps to block such content and that its definition of “intimate part” is overly expansive, encompassing body parts commonly visible in public settings.

Minnesota Attorney General Keith Ellison said his office had not yet received the lawsuit. He emphasized that generating non-consensual nude images with AI 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 or sexually explicit AI tools rather than the tool providers. The federal Take-It-Down Act, passed last year, requires platforms to establish removal processes for such images. Texas has also enacted civil-liability provisions for website owners who knowingly host non-consensual nudified content.

xAI noted that its Grok service terms prohibit illegal, harmful, or abusive activities, including the creation of non-consensual nude images, and that violations are addressed through account suspensions, terminations, and reporting of child sexual-abuse material. The company previously announced a “zero tolerance” policy for child sexual exploitation, non-consensual nudity and unwanted sexual content, and said it has implemented technical safeguards to block editing of real-person images in revealing clothing where prohibited by law.