Minnesota Proposes Groundbreaking Law to Combat AI-Powered 'Nudification' Apps

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Minnesota legislators are considering a pioneering bill to block AI-powered 'nudification' apps and websites, aiming to prevent the creation of non-consensual explicit images before they can spread online.

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Minnesota's Pioneering Approach to AI-Generated Explicit Content

In a groundbreaking move, Minnesota legislators are considering a new bill to combat the rising threat of AI-powered "nudification" technology. This proposed law aims to prevent the creation of non-consensual explicit images by targeting the companies behind these controversial apps and websites

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The Catalyst for Action

The bill gained momentum after Molly Kelly, a victim of AI-generated explicit content, shared her harrowing experience. Kelly discovered that someone she knew had used readily available "nudification" technology to create highly realistic and sexually explicit videos and images of her, using family photos posted on social media

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"My initial shock turned to horror when I learned that the same person targeted about 80, 85 other women, most of whom live in Minnesota," Kelly recounted, highlighting the widespread nature of this issue

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The Proposed Legislation

Democratic Senator Erin Maye Quade, the bill's lead author, emphasizes the need for additional restrictions due to the rapid advancement of AI technology. The proposed legislation would:

  1. Require operators of "nudification" sites and apps to disable access for Minnesota users.
  2. Impose civil penalties of up to $500,000 for each unlawful access, download, or use

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A Shift in Focus

Unlike existing laws that primarily target the distribution of sexually explicit deepfakes, Minnesota's approach aims to prevent the creation of such material before it can spread online. Maye Quade argues, "It's not just the dissemination that's harmful to victims. It's the fact that these images exist at all"

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Nationwide Efforts and Legal Challenges

The Minnesota bill is part of a broader national effort to address AI-generated explicit content:

  1. San Francisco filed a lawsuit against several "nudification" websites in August 2024

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  2. The U.S. Senate unanimously approved a bill to criminalize the publication of non-consensual sexual imagery, including AI-generated deepfakes

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  3. Several states, including Kansas and Florida, have introduced or passed bills addressing AI-generated explicit content

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Expert Concerns and Constitutional Challenges

AI law experts Wayne Unger and Riana Pfefferkorn caution that the Minnesota bill might face constitutional challenges on free speech grounds. They suggest:

  1. Narrowing the scope to focus only on images of real children to withstand First Amendment challenges.
  2. Addressing potential conflicts with federal laws protecting websites from user-generated content liability

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The Road Ahead

Despite potential legal hurdles, Maye Quade remains confident in the bill's constitutional standing, arguing that it regulates conduct rather than speech. As AI technology continues to evolve, this pioneering legislation could set a precedent for other states grappling with similar issues

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