Teenagers sue Musk's xAI claiming image-generator made sexually explicit images of them as minors

Workers install lights on an "X" sign atop the company headquarters in downtown San Francisco on July 28, 2023. (AP Photo/Noah Berger)

NASHVILLE, Tenn. — Three teenagers in Tennessee sued Elon Musk’s xAI this week, claiming the company’s image-generation tools were used to morph real photos of them into explicitly sexual images.

The high school students, who are seeking to proceed under pseudonyms, filed the lawsuit in California, where xAI — Musk’s artificial intelligence company — has its headquarters. They are seeking class-action status in order to represent what the lawsuit says are thousands of victims like themselves who either are minors or were minors when sexually explicit images of them were created.

According to the lawsuit, Jane Doe 1 was alerted anonymously in December that someone was distributing sexually explicit images of her on a social media website.

“At least five of these files, one video and four images, depicted her actual face and body in settings with which she was familiar, but morphed into sexually explicit poses,” the lawsuit states. It claims the person distributing the images knew Doe and used xAI’s image generation tools to turn real photos of her into sexually abusive ones. One of the images was taken from a homecoming photo. Another was taken from a high school yearbook.

The person distributing the images also created explicit images of at least 18 other girls, two of whom are co-plaintiffs in the lawsuit. In late December, local police arrested the perpetrator and confiscated his phone. They found that he had uploaded the images to several platforms where he traded them for sexually explicit images of other minors.

Other AI companies have prohibited their image-generators from producing any sexually explicit content, even of adults. Musk saw this as a business opportunity and promoted the ability of xAI’s Grok chatbot to create “spicy” content, the lawsuit claims. However, there is currently no way to prevent the generation of explicit images of adults while completely blocking the generation of images of children, the lawsuit claims. It also claims that xAI knew Grok would be able to produce sexually explicit images of children but released it anyway.

The lawsuit claims the person who distributed images of the plaintiffs used an application that licensed the xAI technology or “otherwise purchased its access to Grok, and was used as a cut-out or middleman.”

XAI did not respond to an email from The Associated Press seeking comment. But a Jan. 14 post about the controversy on the social media platform X said: “We remain committed to making X a safe platform for everyone and continue to have zero tolerance for any forms of child sexual exploitation, non-consensual nudity, and unwanted sexual content.

“We take action to remove high-priority violative content, including Child Sexual Abuse Material (CSAM) and non-consensual nudity, taking appropriate action against accounts that violate our X Rules. We also report accounts seeking Child Sexual Exploitation materials to law enforcement authorities as necessary.”

Meanwhile, the students in the lawsuit said they worry that the images created of them will live forever on the internet. They fear stalking because their real first names and the name of their school are attached to the files. They worry that their friends and classmates have seen the photos and videos, which appear to be real, and they worry about who will see them in the future.

Jane Doe 1 said she has suffered from anxiety, depression, stress. “She has difficulty eating and sleeping and suffers from recurring nightmares,” the lawsuit states. Jane Doe 2 ”has begun self-isolating and avoiding being on her school campus, and even dreads attending her own graduation.” Jane Doe 3 suffers from constant fear and anxiety that someone will see the AI-generated images and recognize her face, according to the lawsuit.

Travis Loller, The Associated Press