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Overview
In 2024, a pregnant Minnesota woman named Molly Kelley learned that a family friend had turned her Facebook photos into pornography. He did the same to about 80 other women.
Her case produced the first U.S. law that bans the AI tools themselves, not just the sharing of fake images. It took effect August 1, 2026, and lets victims sue for up to $500,000 per violation. Elon Musk's AI company, xAI, sued to block it days before the start date and lost the first round.
Why it matters
If Minnesota's law holds up in court, states can outlaw the AI tools that make fake nudes, not just punish the people who share them.
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People Involved
Organizations Involved
Elon Musk's AI company, maker of the Grok chatbot and the Grok Imagine image generator.
The largest U.S. anti-sexual-violence organization, which lobbied for the Minnesota bill.
Timeline
July 2024 August 2026
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The ban takes effect
Latest Rule ChangeMinnesota's nudification ban goes live. Victims can now sue anyone who creates or distributes such images for up to $500,000 per violation.
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Judge lets the law stand
LegalA federal judge denies xAI's request to pause the law, clearing it to take effect as scheduled.
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xAI sues to block the law
LegalElon Musk's xAI files a federal suit, calling the law a First Amendment violation with no safe harbor for compliant platforms.
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Governor signs the ban into law
LegislationGovernor Tim Walz signs HF 1606, making Minnesota the first state to ban services from offering nudification tools.
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Bill clears both chambers
LegislationThe measure passes with near-unanimous, bipartisan votes: 132-1 in the House and 65-0 in the Senate.
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A victim discovers the images
OriginIn 2024, Molly Kelley learns a family friend used a nudification website to make explicit fakes of her and about 80 other women.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
Reno v. ACLU (1997)
Congress passed the Communications Decency Act in 1996 to criminalize sending indecent material to minors online. The Supreme Court struck down the core provisions in a unanimous ruling, finding them too broad and vague.
The government lost its main tool for policing online indecency.
Courts set a high bar for content-based limits on internet speech, a standard xAI now invokes.
xAI's First Amendment claim leans on this line of cases. Minnesota argues its law targets a tool and conduct, not protected expression.
FOSTA-SESTA (2018)
Congress amended Section 230 to strip legal immunity from websites that knowingly facilitate sex trafficking. Platforms faced new liability for user activity.
Sites like Craigslist shut down personal ads to avoid exposure.
Critics said the lack of clear safe harbors chilled lawful speech and pushed platforms to over-remove content.
xAI makes the same complaint: no safe harbor means compliant operators face the same $500,000 exposure as bad actors.
TAKE IT DOWN Act (2025)
President Trump signed a federal law criminalizing the non-consensual publication of intimate images, including deepfakes. It requires covered platforms to remove flagged images within 48 hours.
Victims gained a federal takedown right, enforced by the Federal Trade Commission.
The law targets distribution after the fact, leaving the creation tools untouched.
Minnesota attacks the other end of the pipeline. The federal law removes images; Minnesota tries to stop them from being made.
