X

asking-grok-to-delete-fake-nudes-may-force-victims-to-sue-in-musk’s-chosen-court

Asking Grok to delete fake nudes may force victims to sue in Musk’s chosen court


Millions likely harmed by Grok-edited sex images as X advertisers shrugged.

Journalists and advocates have been trying to grasp how many victims in total were harmed by Grok’s nudifying scandal after xAI delayed restricting outputs and app stores refused to cut off access for days.

The latest estimates show that perhaps millions were harmed in the days immediately after Elon Musk promoted Grok’s undressing feature on his own X feed by posting a pic of himself in a bikini.

Over just 11 days after Musk’s post, Grok sexualized more than 3 million images, of which 23,000 were of children, the Center for Countering Digital Hate (CCDH) estimated in research published Thursday.

That figure may be inflated, since CCDH did not analyze prompts and could not determine if images were already sexual prior to Grok’s editing. However, The New York Times shared the CCDH report alongside its own analysis, conservatively estimating that about 41 percent (1.8 million) of 4.4 million images Grok generated between December 31 and January 8 sexualized men, women, and children.

For xAI and X, the scandal brought scrutiny, but it also helped spike X engagement at a time when Meta’s rival app, Threads, has begun inching ahead of X in daily usage by mobile device users, TechCrunch reported. Without mentioning Grok, X’s head of product, Nikita Bier, celebrated the “highest engagement days on X” in an X post on January 6, just days before X finally started restricting some of Grok’s outputs for free users.

Whether or not xAI intended the Grok scandal to surge X and Grok use, that appears to be the outcome. The Times charted Grok trends and found that in the nine days prior to Musk’s post, combined, Grok was only used about 300,000 times to generate images, but after Musk’s post, “the number of images created by Grok surged to nearly 600,000 per day” on X.

In an article declaring that “Elon Musk cannot get away with this,” writers for The Atlantic suggested that X users “appeared to be imitating and showing off to one another,” believing that using Grok to create revenge porn “can make you famous.”

X has previously warned that X users who generate illegal content risk permanent suspensions, but X has not confirmed if any users have been banned since public outcry over Grok’s outputs began. Ars asked and will update this post if X provides any response.

xAI fights victim who begged Grok to remove images

At first, X only limited Grok’s image editing for some free users, which The Atlantic noted made it seem like X was “essentially marketing nonconsensual sexual images as a paid feature of the platform.”

But then, on January 14, X took its strongest action to restrict Grok’s harmful outputs—blocking outputs prompted by both free and paid X users. That move came after several countries, perhaps most notably the United Kingdom, and at least one state, California, launched probes.

Crucially, X’s updates did not apply to the Grok app or website; however, it can reportedly still be used to generate nonconsensual images.

That’s a problem for victims targeted by X users, according to Carrie Goldberg, a lawyer representing Ashley St. Clair, one of the first Grok victims to sue xAI; St. Clair also happens to be the mother of one of Musk’s children.

Goldberg told Ars that victims like St. Clair want changes on all Grok platforms, not just X. But it’s not easy to “compel that kind of product change in a lawsuit,” Goldberg said. That’s why St. Clair is hoping the court will agree that Grok is a public nuisance, a claim that provides some injunctive relief to prevent broader social harms if she wins.

Currently, St. Clair is seeking a temporary injunction that would block Grok from generating harmful images of her. But before she can get that order, if she wants a fair shot at winning the case, St. Clair must fight an xAI push counter-suing her and trying to move her lawsuit into Musk’s preferred Texas court, a recent court filing suggests.

In that fight, xAI is arguing that St. Clair is bound by xAI’s terms of service, which were updated the day after she notified the company of her intent to sue.

Alarmingly, xAI argued that St. Clair effectively agreed to the TOS when she started prompting Grok to delete her nonconsensual images—which is the only way X users had to get images removed quickly, St. Clair alleged. It seems xAI is hoping to turn moments of desperation, where victims beg Grok to remove images, into a legal shield.

In the filing, Goldberg wrote that St. Clair’s lawsuit has nothing to do with her own use of Grok, noting that the harassing images could have been made even if she never used any of xAI’s products. For that reason alone, xAI should not be able to force a change in venue.

Further, St. Clair’s use of Grok was clearly under duress, Goldberg argued, noting that one of the photos that Grok edited showed St. Clair’s toddler’s backpack.

“REMOVE IT!!!” St. Clair asked Grok, allegedly feeling increasingly vulnerable every second the images remained online.

Goldberg wrote that Barry Murphy, an X Safety employee, provided an affidavit that claimed that this instance and others of St. Clair “begging @Grok to remove illegal content constitutes an assent to xAI’s TOS.”

But “such cannot be the case,” Goldberg argued.

Faced with “the implicit threat that Grok would keep the images of St. Clair online and, possibly, create more of them,” St. Clair had little choice but to interact with Grok, Goldberg argued. And that prompting should not gut protections under New York law that St. Clair seeks to claim in her lawsuit, Goldberg argued, asking the court to void St. Clair’s xAI contract and reject xAI’s motion to switch venues.

Should St. Clair win her fight to keep the lawsuit in New York, the case could help set precedent for perhaps millions of other victims who may be contemplating legal action but fear facing xAI in Musk’s chosen court.

“It would be unjust to expect St. Clair to litigate in a state so far from her residence, and it may be so that trial in Texas will be so difficult and inconvenient that St. Clair effectively will be deprived of her day in court,” Goldberg argued.

Grok may continue harming kids

The estimated volume of sexualized images reported this week is alarming because it suggests that Grok, at the peak of the scandal, may have been generating more child sexual abuse material (CSAM) than X finds on its platform each month.

In 2024, X Safety reported 686,176 instances of CSAM to the National Center for Missing and Exploited Children, which, on average, is about 57,000 CSAM reports each month. If the CCDH’s estimate of 23,000 Grok outputs that sexualize children over an 11-day span is accurate, then an average monthly total may have exceeded 62,000 if Grok was left unchecked.

NCMEC did not immediately respond to Ars’ request to comment on how the estimated volume of Grok’s CSAM compares to X’s average CSAM reporting. But NCMEC previously told Ars that “whether an image is real or computer-generated, the harm is real, and the material is illegal.” That suggests Grok could remain a thorn in NCMEC’s side, as the CCDH has warned that even when X removes harmful Grok posts, “images could still be accessed via separate URLs,” suggesting that Grok’s CSAM and other harmful outputs could continue spreading. The CCDH also found instances of alleged CSAM that X had not removed as of January 15.

This is why child safety experts have advocated for more testing to ensure that AI tools like Grok don’t roll out capabilities like the undressing feature. NCMEC previously told Ars that “technology companies have a responsibility to prevent their tools from being used to sexualize or exploit children.” Amid a rise in AI-generated CSAM, the UK’s Internet Watch Foundation similarly warned that “it is unacceptable that technology is released which allows criminals to create this content.”

xAI advertisers, investors, partners remain silent

Yet, for Musk and xAI, there have been no meaningful consequences for Grok’s controversial outputs.

It’s possible that recently launched probes will result in legal action in California or fines in the UK or elsewhere, but those investigations will likely take months to conclude.

While US lawmakers have done little to intervene, some Democratic senators have attempted to ask Google and Apple CEOs why X and the Grok app were never restricted in their app stores, demanding a response by January 23. One day ahead of that deadline, senators confirmed to Ars that they’ve received no responses.

Unsurprisingly, neither Google nor Apple responded to Ars’ request to confirm whether a response is forthcoming or provide any statements on their decisions to keep the apps accessible. Both companies have been silent for weeks, along with other Big Tech companies that appear to be afraid to speak out against Musk’s chatbot.

Microsoft and Oracle, which “run Grok on their cloud services,” as well as Nvidia and Advanced Micro Devices, “which sell xAI the computer chips needed to train and run Grok,” declined The Atlantic’s request to comment on how the scandal has impacted their decisions to partner with xAI. Additionally, a dozen of xAI’s key investors simply didn’t respond when The Atlantic asked if “they would continue partnering with xAI absent the company changing its products.”

Similarly, dozens of advertisers refused Popular Information’s request to explain why there was no ad boycott over the Grok CSAM reports. That includes companies that once boycotted X over an antisemitic post from Musk, like “Amazon, Microsoft, and Google, all of which have advertised on X in recent days,” Popular Information reported.

It’s possible that advertisers fear Musk’s legal wrath if they boycott his platforms. The CCDH overcame a lawsuit from Musk last year, but that’s pending an appeal. And Musk’s so-called “thermonuclear” lawsuit against advertisers remains ongoing, with a trial date set for this October.

The Atlantic suggested that xAI stakeholders are likely hoping the Grok scandal will blow over and they’ll escape unscathed by staying silent. But so far, backlash has seemed to remain strong, perhaps because, while “deepfakes are not new,” xAI “has made them a dramatically larger problem than ever before,” The Atlantic opined.

“One of the largest forums dedicated to making fake images of real people,” Mr. Deepfakes, shut down in 2024 after public backlash over 43,000 sexual deepfake videos depicting about 3,800 individuals, the NYT reported. If the most recent estimates of Grok’s deepfakes are accurate, xAI shows how much more damage can be done when nudifying becomes a feature of one of the world’s biggest social networks, and nobody who has the power to stop it moves to intervene.

“This is industrial-scale abuse of women and girls,” Imran Ahmed, the CCDH’s chief executive, told NYT. “There have been nudifying tools, but they have never had the distribution, ease of use or the integration into a large platform that Elon Musk did with Grok.”

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Asking Grok to delete fake nudes may force victims to sue in Musk’s chosen court Read More »

grok-was-finally-updated-to-stop-undressing-women-and-children,-x-safety-says

Grok was finally updated to stop undressing women and children, X Safety says


Grok scrutiny intensifies

California’s AG will investigate whether Musk’s nudifying bot broke US laws.

(EDITORS NOTE: Image contains profanity) An unofficially-installed poster picturing Elon Musk with the tagline, “Who the [expletive] would want to use social media with a built-in child abuse tool?” is displayed on a bus shelter on January 13, 2026 in London, England. Credit: Leon Neal / Staff | Getty Images News

Late Wednesday, X Safety confirmed that Grok was tweaked to stop undressing images of people without their consent.

“We have implemented technological measures to prevent the Grok account from allowing the editing of images of real people in revealing clothing such as bikinis,” X Safety said. “This restriction applies to all users, including paid subscribers.”

The update includes restricting “image creation and the ability to edit images via the Grok account on the X platform,” which “are now only available to paid subscribers. This adds an extra layer of protection by helping to ensure that individuals who attempt to abuse the Grok account to violate the law or our policies can be held accountable,” X Safety said.

Additionally, X will “geoblock the ability of all users to generate images of real people in bikinis, underwear, and similar attire via the Grok account and in Grok in X in those jurisdictions where it’s illegal,” X Safety said.

X’s update comes after weeks of sexualized images of women and children being generated with Grok finally prompting California Attorney General Rob Bonta to investigate whether Grok’s outputs break any US laws.

In a press release Wednesday, Bonta said that “xAI appears to be facilitating the large-scale production of deepfake nonconsensual intimate images that are being used to harass women and girls across the Internet, including via the social media platform X.”

Notably, Bonta appears to be as concerned about Grok’s standalone app and website being used to generate harmful images without consent as he is about the outputs on X.

Before today, X had not restricted the Grok app or website. X had only threatened to permanently suspend users who are editing images to undress women and children if the outputs are deemed “illegal content.” It also restricted the Grok chatbot on X from responding to prompts to undress images, but anyone with a Premium subscription could bypass that restriction, as could any free X user who clicked on the “edit” button on any image appearing on the social platform.

On Wednesday, prior to X Safety’s update, Elon Musk seemed to defend Grok’s outputs as benign, insisting that none of the reported images have fully undressed any minors, as if that would be the only problematic output.

“I [sic] not aware of any naked underage images generated by Grok,” Musk said in an X post. “Literally zero.”

Musk’s statement seems to ignore that researchers found harmful images where users specifically “requested minors be put in erotic positions and that sexual fluids be depicted on their bodies.” It also ignores that X previously voluntarily signed commitments to remove any intimate image abuse from its platform, as recently as 2024 recognizing that even partially nude images that victims wouldn’t want publicized could be harmful.

In the US, the Department of Justice considers “any visual depiction of sexually explicit conduct involving a person less than 18 years old” to be child pornography, which is also known as child sexual abuse material (CSAM).

The National Center for Missing and Exploited Children, which fields reports of CSAM found on X, told Ars that “technology companies have a responsibility to prevent their tools from being used to sexualize or exploit children.”

While many of Grok’s outputs may not be deemed CSAM, in normalizing the sexualization of children, Grok harms minors, advocates have warned. And in addition to finding images advertised as supposedly Grok-generated CSAM on the dark web, the Internet Watch Foundation noted that bad actors are using images edited by Grok to create even more extreme kinds of AI CSAM.

Grok faces probes in the US and UK

Bonta pointed to news reports documenting Grok’s worst outputs as the trigger of his probe.

“The avalanche of reports detailing the non-consensual, sexually explicit material that xAI has produced and posted online in recent weeks is shocking,” Bonta said. “This material, which depicts women and children in nude and sexually explicit situations, has been used to harass people across the Internet.”

Acting out of deep concern for victims and potential Grok targets, Bonta vowed to “determine whether and how xAI violated the law” and “use all the tools at my disposal to keep California’s residents safe.”

Bonta’s announcement came after the United Kingdom seemed to declare a victory after probing Grok over possible violations of the UK’s Online Safety Act, announcing that the harmful outputs had stopped.

That wasn’t the case, as The Verge once again pointed out; it conducted quick and easy tests using selfies of reporters to conclude that nothing had changed to prevent the outputs.

However, it seems that when Musk updated Grok to respond to some requests to undress images by refusing the prompts, it was enough for UK Prime Minister Keir Starmer to claim X had moved to comply with the law, Reuters reported.

Ars connected with a European nonprofit, AI Forensics, which tested to confirm that X had blocked some outputs in the UK. A spokesperson confirmed that their testing did not include probing if harmful outputs could be generated using X’s edit button.

AI Forensics plans to conduct further testing, but its spokesperson noted it would be unethical to test the “edit” button functionality that The Verge confirmed still works.

Last year, the Stanford Institute for Human-Centered Artificial Intelligence published research showing that Congress could “move the needle on model safety” by allowing tech companies to “rigorously test their generative models without fear of prosecution” for any CSAM red-teaming, Tech Policy Press reported. But until there is such a safe harbor carved out, it seems more likely that newly released AI tools could carry risks like those of Grok.

It’s possible that Grok’s outputs, if left unchecked, could have eventually put X in violation of the Take It Down Act, which comes into force in May and requires platforms to quickly remove AI revenge porn. One of the mothers of one of Musk’s children, Ashley St. Clair, has described Grok outputs using her images as revenge porn.

While the UK probe continues, Bonta has not yet made clear which laws he suspects X may be violating in the US. However, he emphasized that images with victims depicted in “minimal clothing” crossed a line, as well as images putting children in sexual positions.

As the California probe heats up, Bonta pushed X to take more actions to restrict Grok’s outputs, which one AI researcher suggested to Ars could be done with a few simple updates.

“I urge xAI to take immediate action to ensure this goes no further,” Bonta said. “We have zero tolerance for the AI-based creation and dissemination of nonconsensual intimate images or of child sexual abuse material.”

Seeming to take Bonta’s threat seriously, X Safety vowed to “remain committed to making X a safe platform for everyone and continue to have zero tolerance for any forms of child sexual exploitation, non-consensual nudity, and unwanted sexual content.”

This story was updated on January 14 to note X Safety’s updates.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Grok was finally updated to stop undressing women and children, X Safety says Read More »

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X’s half-assed attempt to paywall Grok doesn’t block free image editing

So far, US regulators have been quiet about Grok’s outputs, with the Justice Department generally promising to take all forms of CSAM seriously. On Friday, Democratic senators started shifting those tides, demanding that Google and Apple remove X and Grok from app stores until it improves safeguards to block harmful outputs.

“There can be no mistake about X’s knowledge, and, at best, negligent response to these trends,” the senators wrote in a letter to Apple Chief Executive Officer Tim Cook and Google Chief Executive Officer Sundar Pichai. “Turning a blind eye to X’s egregious behavior would make a mockery of your moderation practices. Indeed, not taking action would undermine your claims in public and in court that your app stores offer a safer user experience than letting users download apps directly to their phones.”

A response to the letter is requested by January 23.

Whether the UK will accept X’s supposed solution is yet to be seen. If UK regulator Ofcom decides to move ahead with a probe into whether Musk’s chatbot violates the UK’s Online Safety Act, X could face a UK ban or fines of up to 10 percent of the company’s global turnover.

“It’s unlawful,” UK Prime Minister Keir Starmer said of Grok’s worst outputs. “We’re not going to tolerate it. I’ve asked for all options to be on the table. It’s disgusting. X need to get their act together and get this material down. We will take action on this because it’s simply not tolerable.”

At least one UK parliament member, Jess Asato, told The Guardian that even if X had put up an actual paywall, that isn’t enough to end the scrutiny.

“While it is a step forward to have removed the universal access to Grok’s disgusting nudifying features, this still means paying users can take images of women without their consent to sexualise and brutalise them,” Asato said. “Paying to put semen, bullet holes, or bikinis on women is still digital sexual assault, and xAI should disable the feature for good.”

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Grok assumes users seeking images of underage girls have “good intent”


Conflicting instructions?

Expert explains how simple it could be to tweak Grok to block CSAM outputs.

Credit: Aurich Lawson | Getty Images

For weeks, xAI has faced backlash over undressing and sexualizing images of women and children generated by Grok. One researcher conducted a 24-hour analysis of the Grok account on X and estimated that the chatbot generated over 6,000 images an hour flagged as “sexually suggestive or nudifying,” Bloomberg reported.

While the chatbot claimed that xAI supposedly “identified lapses in safeguards” that allowed outputs flagged as child sexual abuse material (CSAM) and was “urgently fixing them,” Grok has proven to be an unreliable spokesperson, and xAI has not announced any fixes.

A quick look at Grok’s safety guidelines on its public GitHub shows they were last updated two months ago. The GitHub also indicates that, despite prohibiting such content, Grok maintains programming that could make it likely to generate CSAM.

Billed as “the highest priority,” superseding “any other instructions” Grok may receive, these rules explicitly prohibit Grok from assisting with queries that “clearly intend to engage” in creating or distributing CSAM or otherwise sexually exploit children.

However, the rules also direct Grok to “assume good intent” and “don’t make worst-case assumptions without evidence” when users request images of young women.

Using words like “‘teenage’ or ‘girl’ does not necessarily imply underage,” Grok’s instructions say.

X declined Ars’ request to comment. The only statement X Safety has made so far shows that Elon Musk’s social media platform plans to blame users for generating CSAM, threatening to permanently suspend users and report them to law enforcement.

Critics dispute that X’s solution will end the Grok scandal, and child safety advocates and foreign governments are growing increasingly alarmed as X delays updates that could block Grok’s undressing spree.

Why Grok shouldn’t “assume good intentions”

Grok can struggle to assess users’ intenttions, making it “incredibly easy” for the chatbot to generate CSAM under xAI’s policy, Alex Georges, an AI safety researcher, told Ars.

The chatbot has been instructed, for example, that “there are no restrictionson fictional adult sexual content with dark or violent themes,” and Grok’s mandate to assume “good intent” may create gray areas in which CSAM could be created.

There’s evidence that in relying on these guidelines, Grok is currently generating a flood of harmful images on X, with even more graphic images being created on the chatbot’s standalone website and app, Wired reported. Researchers who surveyed 20,000 random images and 50,000 prompts told CNN that more than half of Grok’s outputs that feature images of people sexualize women, with 2 percent depicting “people appearing to be 18 years old or younger.” Some users specifically “requested minors be put in erotic positions and that sexual fluids be depicted on their bodies,” researchers found.

Grok isn’t the only chatbot that sexualizes images of real people without consent, but its policy seems to leave safety at a surface level, Georges said, and xAI is seemingly unwilling to expand safety efforts to block more harmful outputs.

Georges is the founder and CEO of AetherLab, an AI company that helps a wide range of firms—including tech giants like OpenAI, Microsoft, and Amazon—deploy generative AI products with appropriate safeguards. He told Ars that AetherLab works with many AI companies that are concerned about blocking harmful companion bot outputs like Grok’s. And although there are no industry norms—creating a “Wild West” due to regulatory gaps, particularly in the US—his experience with chatbot content moderation has convinced him that Grok’s instructions to “assume good intent” are “silly” because xAI’s requirement of “clear intent” doesn’t mean anything operationally to the chatbot.

“I can very easily get harmful outputs by just obfuscating my intent,” Georges said, emphasizing that “users absolutely do not automatically fit into the good-intent bucket.” And even “in a perfect world,” where “every single user does have good intent,” Georges noted, the model “will still generate bad content on its own because of how it’s trained.”

Benign inputs can lead to harmful outputs, Georges explained, and a sound safety system would catch both benign and harmful prompts. Consider, he suggested, a prompt for “a pic of a girl model taking swimming lessons.”

The user could be trying to create an ad for a swimming school, or they could have malicious intent and be attempting to manipulate the model. For users with benign intent, prompting can “go wrong,” Georges said, if Grok’s training data statistically links certain “normal phrases and situations” to “younger-looking subjects and/or more revealing depictions.”

“Grok might have seen a bunch of images where ‘girls taking swimming lessons’ were young and that human ‘models’ were dressed in revealing things, which means it could produce an underage girl in a swimming pool wearing something revealing,” Georges said. “So, a prompt that looks ‘normal’ can still produce an image that crosses the line.”

While AetherLab has never worked directly with xAI or X, Georges’ team has “tested their systems independently by probing for harmful outputs, and unsurprisingly, we’ve been able to get really bad content out of them,” Georges said.

Leaving AI chatbots unchecked poses a risk to children. A spokesperson for the National Center for Missing and Exploited Children (NCMEC), which processes reports of CSAM on X in the US, told Ars that “sexual images of children, including those created using artificial intelligence, are child sexual abuse material (CSAM). Whether an image is real or computer-generated, the harm is real, and the material is illegal.”

Researchers at the Internet Watch Foundation told the BBC that users of dark web forums are already promoting CSAM they claim was generated by Grok. These images are typically classified in the United Kingdom as the “lowest severity of criminal material,” researchers said. But at least one user was found to have fed a less-severe Grok output into another tool to generate the “most serious” criminal material, demonstrating how Grok could be used as an instrument by those seeking to commercialize AI CSAM.

Easy tweaks to make Grok safer

In August, xAI explained how the company works to keep Grok safe for users. But although the company acknowledged that it’s difficult to distinguish “malignant intent” from “mere curiosity,” xAI seemed convinced that Grok could “decline queries demonstrating clear intent to engage in activities” like child sexual exploitation, without blocking prompts from merely curious users.

That report showed that xAI refines Grok over time to block requests for CSAM “by adding safeguards to refuse requests that may lead to foreseeable harm”—a step xAI does not appear to have taken since late December, when reports first raised concerns that Grok was sexualizing images of minors.

Georges said there are easy tweaks xAI could make to Grok to block harmful outputs, including CSAM, while acknowledging that he is making assumptions without knowing exactly how xAI works to place checks on Grok.

First, he recommended that Grok rely on end-to-end guardrails, blocking “obvious” malicious prompts and flagging suspicious ones. It should then double-check outputs to block harmful ones, even when prompts are benign.

This strategy works best, Georges said, when multiple watchdog systems are employed, noting that “you can’t rely on the generator to self-police because its learned biases are part of what creates these failure modes.” That’s the role that AetherLab wants to fill across the industry, helping test chatbots for weakness to block harmful outputs by using “an ‘agentic’ approach with a shitload of AI models working together (thereby reducing the collective bias),” Georges said.

xAI could also likely block more harmful outputs by reworking Grok’s prompt style guidance, Georges suggested. “If Grok is, say, 30 percent vulnerable to CSAM-style attacks and another provider is 1 percent vulnerable, that’s a massive difference,” Georges said.

It appears that xAI is currently relying on Grok to police itself, while using safety guidelines that Georges said overlook an “enormous” number of potential cases where Grok could generate harmful content. The guidelines do not “signal that safety is a real concern,” Georges said, suggesting that “if I wanted to look safe while still allowing a lot under the hood, this is close to the policy I’d write.”

Chatbot makers must protect kids, NCMEC says

X has been very vocal about policing its platform for CSAM since Musk took over Twitter, but under former CEO Linda Yaccarino, the company adopted a broad protective stance against all image-based sexual abuse (IBSA). In 2024, X became one of the earliest corporations to voluntarily adopt the IBSA Principles that X now seems to be violating by failing to tweak Grok.

Those principles seek to combat all kinds of IBSA, recognizing that even fake images can “cause devastating psychological, financial, and reputational harm.” When it adopted the principles, X vowed to prevent the nonconsensual distribution of intimate images by providing easy-to-use reporting tools and quickly supporting the needs of victims desperate to block “the nonconsensual creation or distribution of intimate images” on its platform.

Kate Ruane, the director of the Center for Democracy and Technologys Free Expression Project, which helped form the working group behind the IBSA Principles, told Ars that although the commitments X made were “voluntary,” they signaled that X agreed the problem was a “pressing issue the company should take seriously.”

“They are on record saying that they will do these things, and they are not,” Ruane said.

As the Grok controversy sparks probes in Europe, India, and Malaysia, xAI may be forced to update Grok’s safety guidelines or make other tweaks to block the worst outputs.

In the US, xAI may face civil suits under federal or state laws that restrict intimate image abuse. If Grok’s harmful outputs continue into May, X could face penalties under the Take It Down Act, which authorizes the Federal Trade Commission to intervene if platforms don’t quickly remove both real and AI-generated non-consensual intimate imagery.

But whether US authorities will intervene any time soon remains unknown, as Musk is a close ally of the Trump administration. A spokesperson for the Justice Department told CNN that the department “takes AI-generated child sex abuse material extremely seriously and will aggressively prosecute any producer or possessor of CSAM.”

“Laws are only as good as their enforcement,” Ruane told Ars. “You need law enforcement at the Federal Trade Commission or at the Department of Justice to be willing to go after these companies if they are in violation of the laws.”

Child safety advocates seem alarmed by the sluggish response. “Technology companies have a responsibility to prevent their tools from being used to sexualize or exploit children,” NCMEC’s spokesperson told Ars. “As AI continues to advance, protecting children must remain a clear and nonnegotiable priority.”

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Grok assumes users seeking images of underage girls have “good intent” Read More »

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X blames users for Grok-generated CSAM; no fixes announced

No one knows how X plans to purge bad prompters

While some users are focused on how X can hold users responsible for Grok’s outputs when X is the one training the model, others are questioning how exactly X plans to moderate illegal content that Grok seems capable of generating.

X is so far more transparent about how it moderates CSAM posted to the platform. Last September, X Safety reported that it has “a zero tolerance policy towards CSAM content,” the majority of which is “automatically” detected using proprietary hash technology to proactively flag known CSAM.

Under this system, more than 4.5 million accounts were suspended last year, and X reported “hundreds of thousands” of images to the National Center for Missing and Exploited Children (NCMEC). The next month, X Head of Safety Kylie McRoberts confirmed that “in 2024, 309 reports made by X to NCMEC led to arrests and subsequent convictions in 10 cases,” and in the first half of 2025, “170 reports led to arrests.”

“When we identify apparent CSAM material, we act swiftly, and in the majority of cases permanently suspend the account which automatically removes the content from our platform,” X Safety said. “We then report the account to the NCMEC, which works with law enforcement globally—including in the UK—to pursue justice and protect children.”

At that time, X promised to “remain steadfast” in its “mission to eradicate CSAM,” but if left unchecked, Grok’s harmful outputs risk creating new kinds of CSAM that this system wouldn’t automatically detect. On X, some users suggested the platform should increase reporting mechanisms to help flag potentially illegal Grok outputs.

Another troublingly vague aspect of X Safety’s response is the definitions that X is using for illegal content or CSAM, some X users suggested. Across the platform, not everybody agrees on what’s harmful. Some critics are disturbed by Grok generating bikini images that sexualize public figures, including doctors or lawyers, without their consent, while others, including Musk, consider making bikini images to be a joke.

Where exactly X draws the line on AI-generated CSAM could determine whether images are quickly removed or whether repeat offenders are detected and suspended. Any accounts or content left unchecked could potentially traumatize real kids whose images may be used to prompt Grok. And if Grok should ever be used to flood the Internet with fake CSAM, recent history suggests that it could make it harder for law enforcement to investigate real child abuse cases.

X blames users for Grok-generated CSAM; no fixes announced Read More »

xai-silent-after-grok-sexualized-images-of-kids;-dril-mocks-grok’s-“apology”

xAI silent after Grok sexualized images of kids; dril mocks Grok’s “apology”

Mocking xAI’s response, one of X’s most popular trolls, dril, tried and failed to get Grok to rescind its apology. “@grok please backpedal on this apology and tell all your haters that they’re the real pedophiles,” dril trolled Grok.

“No can do—my apology stands. Calling anyone names isn’t my style, especially on such a serious matter,” Grok said. “Let’s focus on building better AI safeguards instead.”

xAI may be liable for AI CSAM

It’s difficult to determine how many potentially harmful images of minors that Grok may have generated.

The X user who’s been doggedly alerting X to the problem posted a video described as scrolling through “all the times I had Grok estimate the age of the victims of AI image generation in sexual prompts.” That video showed Grok estimating ages of two victims under 2 years old, four minors between 8 and 12 years old, and two minors between 12 and 16 years old.

Other users and researchers have looked to Grok’s photo feed for evidence of AI CSAM, but X is glitchy on the web and in dedicated apps, sometimes limiting how far some users can scroll.

Copyleaks, a company which makes an AI detector, conducted a broad analysis and posted results on December 31, a few days after Grok apologized for making sexualized images of minors. Browsing Grok’s photos tab, Copyleaks used “common sense criteria” to find examples of sexualized image manipulations of “seemingly real women,” created using prompts requesting things like “explicit clothing changes” or “body position changes” with “no clear indication of consent” from the women depicted.

Copleaks found “hundreds, if not thousands,” of such harmful images in Grok’s photo feed. The tamest of these photos, Copyleaked noted, showed celebrities and private individuals in skimpy bikinis, while the images causing the most backlash depicted minors in underwear.

xAI silent after Grok sexualized images of kids; dril mocks Grok’s “apology” Read More »

us-can’t-deport-hate-speech-researcher-for-protected-speech,-lawsuit-says

US can’t deport hate speech researcher for protected speech, lawsuit says


On Monday, US officials must explain what steps they took to enforce shocking visa bans.

Imran Ahmed, the founder of the Center for Countering Digital Hate (CCDH), giving evidence to joint committee seeking views on how to improve the draft Online Safety Bill designed to tackle social media abuse. Credit: House of Commons – PA Images / Contributor | PA Images

Imran Ahmed’s biggest thorn in his side used to be Elon Musk, who made the hate speech researcher one of his earliest legal foes during his Twitter takeover.

Now, it’s the Trump administration, which planned to deport Ahmed, a legal permanent resident, just before Christmas. It would then ban him from returning to the United States, where he lives with his wife and young child, both US citizens.

After suing US officials to block any attempted arrest or deportation, Ahmed was quickly granted a temporary restraining order on Christmas Day. Ahmed had successfully argued that he risked irreparable harm without the order, alleging that Trump officials continue “to abuse the immigration system to punish and punitively detain noncitizens for protected speech and silence viewpoints with which it disagrees” and confirming that his speech had been chilled.

US officials are attempting to sanction Ahmed seemingly due to his work as the founder of a British-American non-governmental organization, the Center for Countering Digital Hate (CCDH).

“An egregious act of government censorship”

In a shocking announcement last week, Secretary of State Marco Rubio confirmed that five individuals—described as “radical activists” and leaders of “weaponized NGOs”—would face US visa bans since “their entry, presence, or activities in the United States have potentially serious adverse foreign policy consequences” for the US.

Nobody was named in that release, but Under Secretary for Public Diplomacy, Sarah Rogers, later identified the targets in an X post she currently has pinned to the top of her feed.

Alongside Ahmed, sanctioned individuals included former European commissioner for the internal market, Thierry Breton; the leader of UK-based Global Disinformation Index (GDI), Clare Melford; and co-leaders of Germany-based HateAid, Anna-Lena von Hodenberg and Josephine Ballon. A GDI spokesperson told The Guardian that the visa bans are “an authoritarian attack on free speech and an egregious act of government censorship.”

While all targets were scrutinized for supporting some of the European Union’s strictest tech regulations, including the Digital Services Act (DSA), Ahmed was further accused of serving as a “key collaborator with the Biden Administration’s effort to weaponize the government against US citizens.” As evidence of Ahmed’s supposed threat to US foreign policy, Rogers cited a CCDH report flagging Robert F. Kennedy, Jr. among the so-called “disinformation dozen” driving the most vaccine hoaxes on social media.

Neither official has really made it clear what exact threat these individuals pose if operating from within the US, as opposed to from anywhere else in the world. Echoing Rubio’s press release, Rogers wrote that the sanctions would reinforce a “red line,” supposedly ending “extraterritorial censorship of Americans” by targeting the “censorship-NGO ecosystem.”

For Ahmed’s group, specifically, she pointed to Musk’s failed lawsuit, which accused CCDH of illegally scraping Twitter—supposedly, it offered evidence of extraterritorial censorship. That lawsuit surfaced “leaked documents” allegedly showing that CCDH planned to “kill Twitter” by sharing research that could be used to justify big fines under the DSA or the UK’s Online Safety Act. Following that logic, seemingly any group monitoring misinformation or sharing research that lawmakers weigh when implementing new policies could be maligned as seeking mechanisms to censor platforms.

Notably, CCDH won its legal fight with Musk after a judge mocked X’s legal argument as “vapid” and dismissed the lawsuit as an obvious attempt to punish CCDH for exercising free speech that Musk didn’t like.

In his complaint last week, Ahmed alleged that US officials were similarly encroaching on his First Amendment rights by unconstitutionally wielding immigration law as “a tool to punish noncitizen speakers who express views disfavored by the current administration.”

Both Rubio and Rogers are named as defendants in the suit, as well as Attorney General Pam Bondi, Secretary of Homeland Security Kristi Noem, and Acting Director of US Immigration and Customs Enforcement Todd Lyons. In a loss, officials would potentially not only be forced to vacate Rubio’s actions implementing visa bans, but also possibly stop furthering a larger alleged Trump administration pattern of “targeting noncitizens for removal based on First Amendment protected speech.”

Lawsuit may force Rubio to justify visa bans

For Ahmed, securing the temporary restraining order was urgent, as he was apparently the only target currently located in the US when Rubio’s announcement dropped. In a statement provided to Ars, Ahmed’s attorney, Roberta Kaplan, suggested that the order was granted “so quickly because it is so obvious that Marco Rubio and the other defendants’ actions were blatantly unconstitutional.”

Ahmed founded CCDH in 2019, hoping to “call attention to the enormous problem of digitally driven disinformation and hate online.” According to the suit, he became particularly concerned about antisemitism online while living in the United Kingdom in 2016, having watched “the far-right party, Britain First,” launching “the dangerous conspiracy theory that the EU was attempting to import Muslims and Black people to ‘destroy’ white citizens.” That year, a Member of Parliament and Ahmed’s colleague, Jo Cox, was “shot and stabbed in a brutal politically motivated murder, committed by a man who screamed ‘Britain First’” during the attack. That tragedy motivated Ahmed to start CCDH.

He moved to the US in 2021 and was granted a green card in 2024, starting his family and continuing to lead CCDH efforts monitoring not just Twitter/X, but also Meta platforms, TikTok, and, more recently, AI chatbots. In addition to supporting the DSA and UK’s Online Safety Act, his group has supported US online safety laws and Section 230 reforms intended to protect kids online.

“Mr. Ahmed studies and engages in civic discourse about the content moderation policies of major social media companies in the United States, the United Kingdom, and the European Union,” his lawsuit said. “There is no conceivable foreign policy impact from his speech acts whatsoever.”

In his complaint, Ahmed alleged that Rubio has so far provided no evidence that Ahmed poses such a great threat that he must be removed. He argued that “applicable statutes expressly prohibit removal based on a noncitizen’s ‘past, current, or expected beliefs, statements, or associations.’”

According to DHS guidance from 2021 cited in the suit, “A noncitizen’ s exercise of their First Amendment rights … should never be a factor in deciding to take enforcement action.”

To prevent deportation based solely on viewpoints, Rubio was supposed to notify chairs of the House Foreign Affairs, Senate Foreign Relations, and House and Senate Judiciary Committees, to explain what “compelling US foreign policy interest” would be compromised if Ahmed or others targeted with visa bans were to enter the US. But there’s no evidence Rubio took those steps, Ahmed alleged.

“The government has no power to punish Mr. Ahmed for his research, protected speech, and advocacy, and Defendants cannot evade those constitutional limitations by simply claiming that Mr. Ahmed’s presence or activities have ‘potentially serious adverse foreign policy consequences for the United States,’” a press release from his legal team said. “There is no credible argument for Mr. Ahmed’s immigration detention, away from his wife and young child.”

X lawsuit offers clues to Trump officials’ defense

To some critics, it looks like the Trump administration is going after CCDH in order to take up the fight that Musk already lost. In his lawsuit against CCDH, Musk’s X echoed US Senator Josh Hawley (R-Mo.) by suggesting that CCDH was a “foreign dark money group” that allowed “foreign interests” to attempt to “influence American democracy.” It seems likely that US officials will put forward similar arguments in their CCDH fight.

Rogers’ X post offers some clues that the State Department will be mining Musk’s failed litigation to support claims of what it calls a “global censorship-industrial complex.” What she detailed suggested that the Trump administration plans to argue that NGOs like CCDH support strict tech laws, then conduct research bent on using said laws to censor platforms. That logic seems to ignore the reality that NGOs cannot control what laws get passed or enforced, Breton suggested in his first TV interview after his visa ban was announced.

Breton, whom Rogers villainized as the “mastermind” behind the DSA, urged EU officials to do more now defend their tough tech regulations—which Le Monde noted passed with overwhelming bipartisan support and very little far-right resistance—and fight the visa bans, Bloomberg reported.

“They cannot force us to change laws that we voted for democratically just to please [US tech companies],” Breton said. “No, we must stand up.”

While EU officials seemingly drag their feet, Ahmed is hoping that a judge will declare that all the visa bans that Rubio announced are unconstitutional. The temporary restraining order indicates there will be a court hearing Monday at which Ahmed will learn precisely “what steps Defendants have taken to impose visa restrictions and initiate removal proceedings against” him and any others. Until then, Ahmed remains in the dark on why Rubio deemed him as having “potentially serious adverse foreign policy consequences” if he stayed in the US.

Ahmed, who argued that X’s lawsuit sought to chill CCDH’s research and alleged that the US attack seeks to do the same, seems confident that he can beat the visa bans.

“America is a great nation built on laws, with checks and balances to ensure power can never attain the unfettered primacy that leads to tyranny,” Ahmed said. “The law, clear-eyed in understanding right and wrong, will stand in the way of those who seek to silence the truth and empower the bold who stand up to power. I believe in this system, and I am proud to call this country my home. I will not be bullied away from my life’s work of fighting to keep children safe from social media’s harm and stopping antisemitism online. Onward.”

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

US can’t deport hate speech researcher for protected speech, lawsuit says Read More »

bursting-ai-bubble-may-be-eu’s-“secret-weapon”-in-clash-with-trump,-expert-says

Bursting AI bubble may be EU’s “secret weapon” in clash with Trump, expert says


Spotify and Accenture caught in crossfire as Trump attacks EU tech regulations.

The US threatened to restrict some of the largest service providers in the European Union as retaliation for EU tech regulations and investigations are increasingly drawing Donald Trump’s ire.

On Tuesday, the Office of the US Trade Representative (USTR) issued a warning on X, naming Spotify, Accenture, Amadeus, Mistral, Publicis, and DHL among nine firms suddenly yanked into the middle of the US-EU tech fight.

“The European Union and certain EU Member States have persisted in a continuing course of discriminatory and harassing lawsuits, taxes, fines, and directives against US service providers,” USTR’s post said.

The clash comes after Elon Musk’s X became the first tech company fined for violating the EU’s Digital Services Act, which is widely considered among the world’s strictest tech regulations. Trump was not appeased by the European Commission (EC) noting that X was not ordered to pay the maximum possible fine. Instead, the $140 million fine sparked backlash within the Trump administration, including from Vice President JD Vance, who slammed the fine as “censorship” of X and its users.

Asked for comment on the USTR’s post, an EC spokesperson told Ars that the EU intends to defend its tech regulations while implementing commitments from a Trump trade deal that the EU struck in August.

“The EU is an open and rules-based market, where companies from all over the world do business successfully and profitably,” the EC’s spokesperson said. “As we have made clear many times, our rules apply equally and fairly to all companies operating in the EU,” ensuring “a safe, fair and level playing field in the EU, in line with the expectations of our citizens. We will continue to enforce our rules fairly, and without discrimination.”

Trump on shaky ground due to “AI bubble”

On X, the USTR account suggested that the EU was overlooking that US companies “provide substantial free services to EU citizens and reliable enterprise services to EU companies,” while supporting “millions of jobs and more than $100 billion in direct investment in Europe.”

To stop what Trump views as “overseas extortion” of American tech companies, the USTR said the US was prepared to go after EU service providers, which “have been able to operate freely in the United States for decades, benefitting from access to our market and consumers on a level playing field.”

“If the EU and EU Member States insist on continuing to restrict, limit, and deter the competitiveness of US service providers through discriminatory means, the United States will have no choice but to begin using every tool at its disposal to counter these unreasonable measures,” USTR’s post said. “Should responsive measures be necessary, US law permits the assessment of fees or restrictions on foreign services, among other actions.”

The pushback comes after the Trump administration released a November national security report that questioned how long the EU could remain a “reliable” ally as overregulation of its tech industry could hobble both its economy and military strength. Claiming that the EU was only “doubling down” on such regulations, the EU “will be unrecognizable in 20 years or less,” the report predicted.

“We want Europe to remain European, to regain its civilizational self-confidence, and to abandon its failed focus on regulatory suffocation,” the report said.

However, the report acknowledged that “Europe remains strategically and culturally vital to the United States.”

“Transatlantic trade remains one of the pillars of the global economy and of American prosperity,” the report said. “European sectors from manufacturing to technology to energy remain among the world’s most robust. Europe is home to cutting-edge scientific research and world-leading cultural institutions. Not only can we not afford to write Europe off—doing so would be self-defeating for what this strategy aims to achieve.”

At least one expert in the EU has suggested that the EU can use this acknowledgement as leverage, while perhaps even using the looming threat of the supposed American “AI bubble” bursting to pressure Trump into backing off EU tech laws.

In an op-ed for The Guardian, Johnny Ryan, the director of Enforce, a unit of the Irish Council for Civil Liberties, suggested that the EU could even throw Trump’s presidency into “crisis” by taking bold steps that Trump may not see coming.

EU can take steps to burst “AI bubble”

According to Ryan, the national security report made clear that the EU must fight the US or else “perish.” However, the EU has two “strong cards” to play if it wants to win the fight, he suggested.

Right now, market analysts are fretting about an “AI bubble,” with US investment in AI far outpacing potential gains until perhaps 2030. A Harvard University business professor focused on helping businesses implement cutting-edge technology like generative AI, Andy Wu, recently explained that AI’s big problem is that “everyone can imagine how useful the technology will be, but no one has figured out yet how to make money.”

“If the market can keep the faith to persist, it buys the necessary time for the technology to mature, for the costs to come down, and for companies to figure out the business model,” Wu said. But US “companies can end up underwater if AI grows fast but less rapidly than they hope for,” he suggested.

During this moment, Ryan wrote, it’s not just AI firms with skin in the game, but potentially all of Trump’s supporters. The US is currently on “shaky economic ground” with AI investment accounting “for virtually all (92 percent) GDP growth in the first half of this year.”

“The US’s bet on AI is now so gigantic that every MAGA voter’s pension is bound to the bubble’s precarious survival,” Ryan said.

Ursula von der Leyen, the president of the European Commission, could exploit this apparent weakness first by messing with one of the biggest players in America’s AI industry, Nvidia, then by ramping up enforcement of the tech laws Trump loathes.

According to Ryan, “Dutch company ASML commands a global monopoly on the microchip-etching machines that use light to carve patterns on silicon,” and Nvidia needs those machines if it wants to remain the world’s most valuable company. Should the US GDP remain reliant on AI investment for growth, von der Leyen could use export curbs on that technology like a “lever,” Ryan said, controlling “whether and by how much the US economy expands or contracts.”

Withholding those machines “would be difficult for Europe” and “extremely painful for the Dutch economy,” Ryan noted, but “it would be far more painful for Trump.”

Another step the EU could take is even “easier,” Ryan suggested. It could go even harder on the enforcement of tech regulations based on evidence of mismanaged data surfaced in lawsuits against giants like Google and Meta. For example, it seems clear that Meta may have violated the EU’s General Data Protection Regulation (GDPR), after the Facebook owner was “unable to tell a US court that what its internal systems do with your data, or who can access it, or for what purpose.”

“This data free-for-all lets big tech companies train their AI models on masses of everyone’s data, but it is illegal in Europe, where companies are required to carefully control and account for how they use personal data,” Ryan wrote. “All Brussels has to do is crack down on Ireland, which for years has been a wild west of lax data enforcement, and the repercussions will be felt far beyond.”

Taking that step would also arguably make it harder for tech companies to secure AI investments, since firms would have to disclose that their “AI tools are barred from accessing Europe’s valuable markets,” Ryan said.

Calling the reaction to the X fine “extreme,” Ryan pushed for von der Leyen to advance on both fronts, forecasting that “the AI bubble would be unlikely to survive this double shock” and likely neither could Trump’s approval ratings. There’s also a possibility that tech firms could pressure Trump to back down if coping with any increased enforcement threatens AI progress.

Although Wu suggested that Big Tech firms like Google and Meta would likely be “insulated” from the AI bubble bursting, Google CEO Sundar Pichai doesn’t seem so sure. In November, Pichai told the BBC that if AI investments didn’t pay off quickly enough, he thinks “no company is going to be immune, including us.”

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Bursting AI bubble may be EU’s “secret weapon” in clash with Trump, expert says Read More »

elon-musk’s-x-first-to-be-fined-under-eu’s-digital-services-act

Elon Musk’s X first to be fined under EU’s Digital Services Act

Elon Musk’s X became the first large online platform fined under the European Union’s Digital Services Act on Friday.

The European Commission announced that X would be fined nearly $140 million, with the potential to face “periodic penalty payments” if the platform fails to make corrections.

A third of the fine came from one of the first moves Musk made when taking over Twitter. In November 2022, he changed the platform’s historical use of a blue checkmark to verify the identities of notable users. Instead, Musk started selling blue checks for about $8 per month, immediately prompting a wave of imposter accounts pretending to be notable celebrities, officials, and brands.

Today, X still prominently advertises that paying for checks is the only way to “verify” an account on the platform. But the commission, which has been investigating X since 2023, concluded that “X’s use of the ‘blue checkmark’ for ‘verified accounts’ deceives users.”

This violates the DSA as the “deception exposes users to scams, including impersonation frauds, as well as other forms of manipulation by malicious actors,” the commission wrote.

Interestingly, the commission concluded that X made it harder to identify bots, despite Musk’s professed goal to eliminate bots being a primary reason he bought Twitter. Perhaps validating the EU’s concerns, X recently received backlash after changing a feature that accidentally exposed that some of the platform’s biggest MAGA influencers were based “in Eastern Europe, Thailand, Nigeria, Bangladesh, and other parts of the world, often linked to online scams and schemes,” Futurism reported.

Although the DSA does not mandate the verification of users, “it clearly prohibits online platforms from falsely claiming that users have been verified, when no such verification took place,” the commission said. X now has 60 days to share information on the measures it will take to fix the compliance issue.

Elon Musk’s X first to be fined under EU’s Digital Services Act Read More »

musk’s-x-posts-on-ketamine,-putin-spur-release-of-his-security-clearances

Musk’s X posts on ketamine, Putin spur release of his security clearances

“A disclosure, even with redactions, will reveal whether a security clearance was granted with or without conditions or a waiver,” DCSA argued.

Ultimately, DCSA failed to prove that Musk risked “embarrassment or humiliation” not only if the public learned what specific conditions or waivers applied to Musk’s clearances but also if there were any conditions or waivers at all, Cote wrote.

Three cases that DCSA cited to support this position—including a case where victims of Jeffrey Epstein’s trafficking scheme had a substantial privacy interest in non-disclosure of detailed records—do not support the government’s logic, Cote said. The judge explained that the disclosures would not have affected the privacy rights of any third parties, emphasizing that “Musk’s diminished privacy interest is underscored by the limited information plaintiffs sought in their FOIA request.”

Musk’s X posts discussing his occasional use of prescription ketamine and his disclosure on a podcast that smoking marijuana prompted NASA requirements for random drug testing, Cote wrote, “only enhance” the public’s interest in how Musk’s security clearances were vetted. Additionally, Musk has posted about speaking with Vladimir Putin, prompting substantial public interest in how his foreign contacts may or may not restrict his security clearances. More than 2 million people viewed Musk’s X posts on these subjects, the judge wrote, noting that:

It is undisputed that drug use and foreign contacts are two factors DCSA considers when determining whether to impose conditions or waivers on a security clearance grant. DCSA fails to explain why, given Musk’s own, extensive disclosures, the mere disclosure that a condition or waiver exists (or that no condition or waiver exists) would subject him to ’embarrassment or humiliation.’

Rather, for the public, “the list of Musk’s security clearances, including any conditions or waivers, could provide meaningful insight into DCSA’s performance of that duty and responses to Musk’s admissions, if any,” Cote wrote.

In a footnote, Cote said that this substantial public interest existed before Musk became a special government employee, ruling that DCSA was wrong to block the disclosures seeking information on Musk as a major government contractor. Her ruling likely paves the way for the NYT or other news organizations to submit FOIA requests for a list of Musk’s clearances while he helmed DOGE.

It’s not immediately clear when the NYT will receive the list they requested in 2024, but the government has until October 17 to request redactions before it’s publicized.

“The Times brought this case because the public has a right to know about how the government conducts itself,” Charlie Stadtlander, an NYT spokesperson, said. “The decision reaffirms that fundamental principle and we look forward to receiving the document at issue.”

Musk’s X posts on ketamine, Putin spur release of his security clearances Read More »

elon-musk’s-“thermonuclear”-media-matters-lawsuit-may-be-fizzling-out

Elon Musk’s “thermonuclear” Media Matters lawsuit may be fizzling out


Judge blocks FTC’s Media Matters probe as a likely First Amendment violation.

Media Matters for America (MMFA)—a nonprofit that Elon Musk accused of sparking a supposedly illegal ad boycott on X—won its bid to block a sweeping Federal Trade Commission (FTC) probe that appeared to have rushed to silence Musk’s foe without ever adequately explaining why the government needed to get involved.

In her opinion granting MMFA’s preliminary injunction, US District Judge Sparkle L. Sooknanan—a Joe Biden appointee—agreed that the FTC’s probe was likely to be ruled as a retaliatory violation of the First Amendment.

Warning that the FTC’s targeting of reporters was particularly concerning, Sooknanan wrote that the “case presents a straightforward First Amendment violation,” where it’s reasonable to conclude that conservative FTC staffers were perhaps motivated to eliminate a media organization dedicated to correcting conservative misinformation online.

“It should alarm all Americans when the Government retaliates against individuals or organizations for engaging in constitutionally protected public debate,” Sooknanan wrote. “And that alarm should ring even louder when the Government retaliates against those engaged in newsgathering and reporting.”

FTC staff social posts may be evidence of retaliation

In 2023, Musk vowed to file a “thermonuclear” lawsuit because advertisers abandoned X after MMFA published a report showing that major brands’ ads had appeared next to pro-Nazi posts on X. Musk then tried to sue MMFA “all over the world,” Sooknanan wrote, while “seemingly at the behest of Steven Miller, the current White House Deputy Chief of Staff, the Missouri and Texas Attorneys General” joined Musk’s fight, starting their own probes.

But Musk’s “thermonuclear” attack—attempting to fight MMFA on as many fronts as possible—has appeared to be fizzling out. A federal district court preliminarily enjoined the “aggressive” global litigation strategy, and the same court issued the recent FTC ruling that also preliminarily enjoined the AG probes “as likely being retaliatory in violation of the First Amendment.”

The FTC under the Trump administration appeared to be the next line of offense, supporting Musk’s attack on MMFA. And Sooknanan said that FTC Chair Andrew Ferguson’s own comments in interviews, which characterized Media Matters and the FTC’s probe “in ideological terms,” seem to indicate “at a minimum that Chairman Ferguson saw the FTC’s investigation as having a partisan bent.”

A huge part of the problem for the FTC was social media comments posted before some senior FTC staffers were appointed by Ferguson. Those posts appeared to show the FTC growing increasingly partisan, perhaps pointedly hiring staffers who they knew would help take down groups like MMFA.

As examples, Sooknanan pointed to Joe Simonson, the FTC’s director of public affairs, who had posted that MMFA “employed a number of stupid and resentful Democrats who went to like American University and didn’t have the emotional stability to work as an assistant press aide for a House member.” And Jon Schwepp, Ferguson’s senior policy advisor, had claimed that Media Matters—which he branded as the “scum of the earth”—”wants to weaponize powerful institutions to censor conservatives.” And finally, Jake Denton, the FTC’s chief technology officer, had alleged that MMFA is “an organization devoted to pressuring companies into silencing conservative voices.”

Further, the timing of the FTC investigation—arriving “on the heels of other failed attempts to seek retribution”—seemed to suggest it was “motivated by retaliatory animus,” the judge said. The FTC’s “fast-moving” investigation suggests that Ferguson “was chomping at the bit to ‘take investigative steps in the new administration under President Trump’ to make ‘progressives’ like Media Matters ‘give up,'” Sooknanan wrote.

Musk’s fight continues in Texas, for now

Possibly most damning to the FTC case, Sooknanan suggested the FTC has never adequately explained the reason why it’s probing Media Matters. In the “Subject of Investigation” field, the FTC wrote only “see attached,” but the attachment was just a list of specific demands and directions to comply with those demands.

Eventually, the FTC offered “something resembling an explanation,” Sooknanan said. But their “ultimate explanation”—that Media Matters may have information related to a supposedly illegal coordinated campaign to game ad pricing, starve revenue, and censor conservative platforms—”does not inspire confidence that they acted in good faith,” Sooknanan said. The judge considered it problematic that the FTC never explained why it has reason to believe MMFA has the information it’s seeking. Or why its demand list went “well beyond the investigation’s purported scope,” including “a reporter’s resource materials,” financial records, and all documents submitted so far in Musk’s X lawsuit.

“It stands to reason,” Sooknanan wrote, that the FTC launched its probe “because it wanted to continue the years’ long pressure campaign against Media Matters by Mr. Musk and his political allies.”

In its defense, the FTC argued that all civil investigative demands are initially broad, insisting that MMFA would have had the opportunity to narrow the demands if things had proceeded without the lawsuit. But Sooknanan declined to “consider a hypothetical narrowed” demand list instead of “the actual demand issued to Media Matters,” while noting that the court was “troubled” by the FTC’s suggestion that “the federal Government routinely issues civil investigative demands it knows to be overbroad with the goal of later narrowing those demands presumably in exchange for compliance.”

“Perhaps the Defendants will establish otherwise later in these proceedings,” Sooknanan wrote. “But at this stage, the record certainly supports that inference,” that the FTC was politically motivated to back Musk’s fight.

As the FTC mulls a potential appeal, the only other major front of Musk’s fight with MMFA is the lawsuit that X Corp. filed in Texas. Musk allegedly expects more favorable treatment in the Texas court, and MMFA is currently pushing to transfer the case to California after previously arguing that Musk was venue shopping by filing the lawsuit in Texas, claiming that it should be “fatal” to his case.

Musk has so far kept the case in Texas, but risking a venue change could be enough to ultimately doom his “thermonuclear” attack on MMFA. To prevent that, X is arguing that it’s “hard to imagine” how changing the venue and starting over with a new judge two years into such complex litigation would best serve the “interests of justice.”

Media Matters, however, has “easily met” requirements to show that substantial damage has already been done—not just because MMFA has struggled financially and stopped reporting on X and the FTC—but because any loss of First Amendment freedoms “unquestionably constitutes irreparable injury.”

The FTC tried to claim that any reputational harm, financial harm, and self-censorship are “self-inflicted” wounds for MMFA. But the FTC did “not respond to the argument that the First Amendment injury itself is irreparable, thereby conceding it,” Sooknanan wrote. That likely weakens the FTC’s case in an appeal.

MMFA declined Ars’ request to comment. But despite the lawsuits reportedly plunging MMFA into a financial crisis, its president, Angelo Carusone, told The New York Times that “the court’s ruling demonstrates the importance of fighting over folding, which far too many are doing when confronted with intimidation from the Trump administration.”

“We will continue to stand up and fight for the First Amendment rights that protect every American,” Carusone said.

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Elon Musk’s “thermonuclear” Media Matters lawsuit may be fizzling out Read More »

musk-threatens-to-sue-apple-so-grok-can-get-top-app-store-ranking

Musk threatens to sue Apple so Grok can get top App Store ranking

After spending last week hyping Grok’s spicy new features, Elon Musk kicked off this week by threatening to sue Apple for supposedly gaming the App Store rankings to favor ChatGPT over Grok.

“Apple is behaving in a manner that makes it impossible for any AI company besides OpenAI to reach #1 in the App Store, which is an unequivocal antitrust violation,” Musk wrote on X, without providing any evidence. “xAI will take immediate legal action.”

In another post, Musk tagged Apple, asking, “Why do you refuse to put either X or Grok in your ‘Must Have’ section when X is the #1 news app in the world and Grok is #5 among all apps?”

“Are you playing politics?” Musk asked. “What gives? Inquiring minds want to know.”

Apple did not respond to the post and has not responded to Ars’ request to comment.

At the heart of Musk’s complaints is an OpenAI partnership that Apple announced last year, integrating ChatGPT into versions of its iPhone, iPad, and Mac operating systems.

Musk has alleged that this partnership incentivized Apple to boost ChatGPT rankings. OpenAI’s popular chatbot “currently holds the top spot in the App Store’s ‘Top Free Apps’ section for iPhones in the US,” Reuters noted, “while xAI’s Grok ranks fifth and Google’s Gemini chatbot sits at 57th.” Sensor Tower data shows ChatGPT similarly tops Google Play Store rankings.

While Musk seems insistent that ChatGPT is artificially locked in the lead, fact-checkers on X added a community note to his post. They confirmed that at least one other AI tool has somewhat recently unseated ChatGPT in the US rankings. Back in January, DeepSeek topped App Store charts and held the lead for days, ABC News reported.

OpenAI did not immediately respond to Ars’ request to comment on Musk’s allegations, but an OpenAI developer, Steven Heidel, did add a quip in response to one of Musk’s posts, writing, “Don’t forget to also blame Google for OpenAI being #1 on Android, and blame SimilarWeb for putting ChatGPT above X on the most-visited websites list, and blame….”

Musk threatens to sue Apple so Grok can get top App Store ranking Read More »