xAI Challenges Minnesota's First-in-Nation 'Nudification' Ban in Federal Court

Summary

Elon Musk's xAI has filed a federal lawsuit challenging Minnesota's first-in-the-nation law banning "nudification" technology, which uses AI to create fake nude images of real people without consent. The 38-page lawsuit, filed days before the law's Saturday effective date, argues that while the state has a legitimate interest in preventing non-consensual intimate imagery, Minnesota's law "extends far beyond that goal" by banning constitutionally protected images and imposing $500,000 penalties per violation.

xAI contends the law lacks a "safe harbor" provision for companies making good-faith efforts to prevent abuse and covers images created with consent or by the depicted person themselves. The company also challenges the law's overly broad definition of "intimate part," claiming it covers body parts routinely displayed in public. xAI emphasized that Grok's terms of service already prohibit illegal and harmful activities, and the company enforces rules through account suspensions, terminations, and reporting of child sexual abuse material.

Minnesota Attorney General Keith Ellison defended the law, stating that AI nudification "robs the target of their dignity and can cause immense harm." The lawsuit marks a significant test case for states' constitutional authority to regulate AI use, coming as Texas took a different approach by making website owners liable for civil and potentially criminal damages. This case could set precedent for how far states can go in regulating AI-generated content without violating First Amendment protections.

• xAI argues the law is overly broad, covering consensual images and protected speech beyond non-consensual intimate imagery