Minnesota AI nudification ban upheld after xAI court challenge

A federal judge has denied a request from Elon Musk’s xAI to block a Minnesota law that criminalizes the production and distribution of AI-generated non-consensual nude imagery, often referred to as ‘nudification’ technology.

Judge Donovan Frank ruled that xAI failed to provide concrete evidence of irreparable harm that would justify suspending the law while the legal challenge proceeds. The legislation, which went into effect on August 1, is the first of its kind in the United States. It prohibits software developers and website operators from allowing AI tools to digitally remove clothing from identifiable individuals.

Under the law, service providers and platforms could face fines of up to $500,000 for each instance of a deepfake being viewed. xAI argues that the law violates the First Amendment, claiming the broad definitions of nudity could inadvertently penalize harmless content, such as satirical images or depictions of people in swimwear and shirtless states.

The state of Minnesota maintains the law is a necessary measure to curb the unauthorized circulation of sexually explicit AI-generated content.