As Clothoff’s growth appears unstoppable, the user explained to Der Spiegel why he doesn’t feel that conflicted about using the app to generate fake nudes of a famous singer.
“There are enough pictures of her on the Internet as it is,” the user reasoned.
However, that user draws the line at generating fake nudes of private individuals, insisting, “If I ever learned of someone producing such photos of my daughter, I would be horrified.”
For young boys who appear flippant about creating fake nude images of their classmates, the consequences have ranged from suspensions to juvenile criminal charges, and for some, there could be other costs. In the lawsuit where the high schooler is attempting to sue a boy who used Clothoff to bully her, there’s currently resistance from boys who participated in group chats to share what evidence they have on their phones. If she wins her fight, she’s asking for $150,000 in damages per image shared, so sharing chat logs could potentially increase the price tag.
Since she and the San Francisco city attorney each filed their lawsuits, the Take It Down Act has passed. That law makes it easier to force platforms to remove AI-generated fake nudes. But experts expect the law will face legal challenges over censorship fears, so the very limited legal tool might not withstand scrutiny.
Either way, the Take It Down Act is a safeguard that came too late for the earliest victims of nudify apps in the US, only some of whom are turning to courts seeking justice due to largely opaque laws that made it unclear if generating a fake nude was illegal.
“Jane Doe is one of many girls and women who have been and will continue to be exploited, abused, and victimized by non-consensual pornography generated through artificial intelligence,” the high schooler’s complaint noted. “Despite already being victimized by Defendant’s actions, Jane Doe has been forced to bring this action to protect herself and her rights because the governmental institutions that are supposed to protect women and children from being violated and exploited by the use of AI to generate child pornography and nonconsensual nude images failed to do so.”
