Musk vs. Minnesota on nudification law, some apps still making explicit AI images
Musk vs. Minnesota on nudification law: Some apps still making explicit AI images
Elon Musk and his company xAI are suing to stop Minnesota from enforcing its new law targeting AI apps that turn people's photos into pornography. The law, which passed with nearly unanimous support, took effect Aug. 1 and can fine apps up to $500,000 for allowing so-called "nudification." FOX 9's Corin Hoggard has more.
ST. PAUL, Minn. (FOX 9) - A court ruling could soon decide whether Minnesota can keep enforcing the country's first law against creating AI-generated pornography — and Elon Musk is at the center of the fight.
Elon Musk sues Minnesota over AI nudification law
What we know:
Minnesota's nudification law passed in May with only one dissenting vote and took effect Aug. 1. It targets apps that allow someone to take an innocent photo of another person and use AI to turn it into pornography — something lawmakers have called "nudification."
Elon Musk sues Minnesota over nudification law
A new Minnesota law is banning A.I.-created fake nude images, but lawyers for xAI are asking for a preliminary injunction to put the law on hold while it is argued in court. FOX 9's Corin Hoggard has the full details.
Any app that allows it to happen could face a fine of up to $500,000.
"It does not go after anything except a tool that causes harm, a defective product that shouldn't exist," said Rep. Jessica Hanson, DFL-Burnsville.
The law came after at least a few dozen Minnesota women reported that a man they knew had used AI apps to turn their personal photos into explicit material. FOX 9 demonstrated how easy the process is back in April, using a photo pulled from Facebook and simple instructions to a free AI app — producing a convincing fake photo and video in less than a minute.
"There's no special skill required besides clicking," said Megan Hurley of Minneapolis.
"It was so much worse than I had — my imagination had come up with," said Jessica Guistolise of Minneapolis.
Sen. Erin Maye Quade, DFL-Apple Valley, was among the lawmakers who pushed for the ban.
"That is not the world we want to live in. This is technology that does not need to exist," said Maye Quade.
Musk's challenge and what's still happening
What we don't know:
Musk and his company xAI are fighting back in court. Their lawyers argue that while nudification is harmful, the law is written too broadly and violates free speech rights. They say the law should use definitions from the state's existing deepfake law and the federal Take It Down Act, and that it should include First Amendment exceptions for things like parody — not just unrealistic content.
But some of the women who were victimized push back on that argument, pointing out that those laws only address the sharing of images, not the creation of them.
"The harm here is at creation of. So it's not accurate to say that there are existing laws that prevent this problem," said Molly Kelley of Otsego.
Minnesota Attorney General Keith Ellison said Wednesday that the state is enforcing the law even as the xAI lawsuit moves forward. Musk's AI tool Grok rejected FOX 9's attempt to nudify the same photo used in April, saying it didn't pass moderation. But other easy-to-find sites have not stopped, and FOX 9 was able to produce photos and a video that lawmakers say the apps should now be preventing.
xAI is asking the court for an injunction to block enforcement, but the company's lawyers say they are operating within the law for now. A judge is not expected to rule until at least next week.
Victims are women and children in 99% of cases, and one of them tells us the stakes couldn't be higher.
"This impacts every single person. This impacts your kids. This impacts everybody you know. So now is the time to start making some noise about it," said Guistolise.