Key facts
- A Minnesota ban on 'nudify' apps can proceed after a judge denied xAI's request for a temporary restraining order.
- The law, set to take effect Saturday, is the first of its kind in the nation.
- xAI, owned by Elon Musk, argued the law is unconstitutionally broad and lacks safe harbor provisions.
- U.S. District Judge Donovan Frank cited xAI's nearly three-month delay in filing the lawsuit as a reason for denial.
- Minnesota Attorney General Keith Ellison stated the law addresses the harm caused by non-consensual AI-generated nude images.
A Minnesota ban on applications designed to create non-consensual sexualized images, often referred to as 'nudify' apps, can move forward. U.S. District Judge Donovan Frank denied a request from Elon Musk's company xAI for a temporary restraining order to block the law.
Frank's ruling highlighted the timing of xAI's legal challenge, noting that the company filed its request nearly three months after the law was signed and just three days before it was set to take effect. xAI argued that Minnesota's law is overly broad, potentially banning constitutionally protected images and subjecting the company to significant penalties without a safe harbor for good-faith efforts.
Minnesota Attorney General Keith Ellison stated that using AI to generate nude images of people against their will is appalling and causes immense harm. He indicated that while there are worthy debates about AI policy, this particular use case is not one of them.
The lawsuit will continue, with xAI asserting that its terms of service prohibit illegal or harmful activities, including the creation of non-consensual nude images, and that it enforces these rules through account actions and reporting. The company also noted that its 'spicy mode' has been adjusted to prevent the editing of real people's images in revealing clothing where such actions are illegal.