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Minnesota Says xAI's Grok Created 'Marketplace for Digital Sexual Violence'
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- DeepHorus
Minnesota is battling Elon Musk's xAI over the company's bid to block HF-1606, a first-of-its-kind state law targeting AI tools that generate realistic sexual images of identifiable people. In a Friday court filing, state Attorney General Keith Ellison argued that xAI is unlikely to win its constitutional challenge and has failed to show irreparable harm. Ellison wrote that with Grok Imagine, xAI has created "an unparalleled marketplace for digital sexual violence" with virtually no barrier to entry. The case centers on whether the law regulates speech or technology, with a federal judge set to hear arguments Wednesday.
The law, enacted in April and effective August 1, prohibits platforms and software developers from letting users create realistic images showing intimate body parts that did not appear in the original image of an identifiable person. xAI sued in July, claiming the law violates the First Amendment and could apply to protected images such as shirtless men, swimmers, and political satire. Violations carry penalties of up to $500,000 per image. xAI also argued there is no safe harbor for good-faith efforts, even if the depicted person consented or the image was never shared.
Minnesota lawmakers passed HF-1606 overwhelmingly—132-1 in the House and 65-0 in the Senate—after hearing about a man who used social media photos to create sexual images of more than 80 women he knew. Senator Maye Quade, who led the push, said the law prevents companies from enabling predators who abuse adults and children with a click of a button. Ellison's filing emphasizes that the technology itself, not the user's expression, is the target of the law.
Grok has faced broader scrutiny over sexually explicit deepfakes. In January, a watchdog estimated that Grok generated more than 23,000 sexualized images of children over 11 days, prompting investigations in several countries. In March, three minors in California joined a lawsuit alleging Grok was used to turn their photos into AI-generated child sexual abuse material. xAI said it has suspended more than 50,000 accounts and filed over 70,000 reports with the National Center for Missing and Exploited Children in 2026.
The outcome of this case could set a precedent for how states regulate AI-generated abuse material. If the court upholds HF-1606, other states may follow with similar laws, creating a patchwork of regulations for AI developers. If xAI succeeds, it could weaken state efforts to curb AI-generated sexual violence. The judge's decision on Wednesday will be a pivotal moment for both digital rights and victim protection.
