xAI, the artificial intelligence company owned by Elon Musk, filed a federal lawsuit Monday against Minnesota regarding the state’s recently enacted statute prohibiting “nudification” technology. The law is scheduled to take effect Saturday, positioning Minnesota as the first state to implement such a restriction on AI tools that generate non-consensual nude imagery.
The lawsuit, spanning 38 pages, does not dispute Minnesota’s legitimate interest in preventing the distribution of AI-generated nude images created without consent. However, xAI contends that the statute extends beyond this objective and prohibits constitutionally protected images and video content. The company faces potential penalties of $500,000 per violation under the law. xAI argues that the legislation lacks a “safe harbor” provision for companies that implement good faith safeguards against such image generation, and that it captures images created with consent or by the person depicted. The company also contends that the law’s definition of “intimate part” is excessively broad, encompassing body parts commonly displayed publicly.
Minnesota Attorney General Keith Ellison, who has not yet been formally served with the lawsuit, stated his position in response to news of the filing. He characterized the use of AI to generate non-consensual nude images as “appalling” and defended the state’s approach, though he acknowledged ongoing debates regarding appropriate AI policy.
The case arrives as courts have produced inconsistent results in reviewing state deepfake legislation. California’s law addressing election deepfakes was blocked on First Amendment grounds, while Minnesota’s statute has previously withstood a court challenge from Musk’s company in 2025. The Minnesota law differs from existing deepfake statutes, which typically target individuals who create such images rather than technology developers. xAI noted that Grok’s terms of service prohibit using the platform for illegal or harmful activities, including non-consensual image alteration, and stated the company suspends or terminates violating accounts and reports suspected child exploitation content. Following international criticism over sexualized imagery of women and children, Grok implemented geoblocking measures in January to prevent image editing of real people in revealing clothing where prohibited by local law.
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