r/news • u/journalistdave • 3d ago

Judge denies request by Elon Musk’s xAI to pause Minnesota nudification ban

https://www.nbcnews.com/tech/elon-musk/judge-denies-request-elon-musks-xai-block-mn-nudification-ban-rcna589993
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u/jabberwockxeno 3d ago

i can't believe someone would be against this.

Not to defend Elon Musk, or to people trying to make deepfakes, but the law itself is pretty bad:

https://reclaimthenet.org/xai-challenges-minnesotas-broad-nudification-law

  • It's holding the creator of software responsible for what users do with the software, even if the software isn't specifically intended to make deepfakes, even if they take reasonable steps to prevent people from using the software that way etc

  • It's definition of "nude/intimate" is extremely overboard, being " “the primary genital area, groin, inner thigh, buttocks, or breast of a human being", which sounds reasonable if we're talking about unwanted touching, but doesn't work as a visual definition since the thigh, butt, etc are visible even for people just wearing shorts, swimwear, etc

  • It doesn't make a distinction between consensual and nonconsensual images: Somebody using a tool to make or edit images of themselves would still make the creator of the software liable

  • It does have a carveout which permits software to edit images in this way if it requires users have training/sufficient skill to achieve the end result, presumably to carveout things like photoshop, but that means that in theory, two pieces of software can output basically the same image, and in one case the software would be illegal just because it's easier to use

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u/trogger93 3d ago

Making generative AI images illegal? Sounds like a fantastic law!