Elon Musk's xAI sues Minnesota over AI 'nudification' ban

Elon Musk's artificial intelligence company xAI has filed a lawsuit against Minnesota, challenging the state's pioneering law that prohibits "nudification" technology on websites and apps. This legal challenge could set a precedent for how states regulate the use of artificial intelligence.

The lawsuit, filed in federal court, targets a law set to take effect on Saturday that makes Minnesota the first state to outlaw AI technology capable of generating fake nude images of real people. xAI acknowledges the state's interest in banning the distribution of non-consensual AI-generated nude images. However, the company contends that Minnesota's law "extends far beyond that goal," encompassing constitutionally protected content and exposing the company to penalties of $500,000 for each violation.

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But it said Minnesota’s law “extends far beyond that goal”, banning many constitutionally protected images and video and subjecting the company to a penalty of $500,000 for each violation.

xAI's legal filing asserts that the law lacks a "safe harbor" provision for companies making good-faith efforts to prevent such images. It also claims the law covers images created with consent or even by the depicted person, and that its definition of "intimate part" is excessively broad, including body parts commonly seen in public. The company's AI model, Grok, is available on the social media platform X, formerly Twitter.

Minnesota Attorney General Keith Ellison stated that while his office had not yet seen the lawsuit, he finds the use of AI to create non-consensual nude images "appalling." He emphasized that AI nudification "robs the target of their dignity and can cause immense harm on an emotional, personal and professional level." Ellison believes that while AI policy debates are important, this specific issue is not one for discussion, suggesting it is unequivocally harmful.

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But I know that using AI to generate nude images of people against their will is appalling. There are plenty of worthy debates to have about AI policy. This is not one of them. AI nudification robs the target of their dignity and can cause immense harm on an emotional, personal and professional level.