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“Putting the photograph alone – since it will remain under seal – there is no shame in revealing that the photograph was made in South Carolina Doe without disclosing the photograph,” the prosecutors wrote in one of their filings on May 15. “Consequently, this case does not involve the types of secrets that are only known to require the designation of fraud.”
Neither xAI nor lawyers representing the company responded to WIRED’s request for comment on the lawsuit.
Danielle Citron, a law professor at the University of Virginia School of Law who has been active in the fight against digital harassment, says that civil lawsuits where people are ordered to file lawsuits using their real names can lead to charges being dismissed, making it “unacceptable and unfair”. “Forcing plaintiffs in private courts to file lawsuits in their own names does little to improve transparency and deter litigation,” Citron tells WIRED.
All four plaintiffs in the case, according to a May 29 filing, may consider withdrawing from the trial if their names are revealed. In recent filings, plaintiffs’ attorneys to say xAI’s request should be denied, adding that the lawsuit is “personal and embarrassing falsehoods that portray the Defendants that were published without their consent.”
The South Carolina Doe described how she discovered her alleged fake “bikini” on the Internet and says how she displayed her body “in a way that I would not share with them publicly.” She says she’s worried about what employers or friends will think when they see the photo, and she’s afraid she might look it up online. “I was also disgusted by the idea of what the guy who asked Grok to deepfake was doing with a photo,” he wrote.
“If I am forced to reveal my name publicly as part of this lawsuit, I would be afraid that those who support Elon Musk, his companies, and Grok, who I have seen to be very vocal on the Internet, will find my name in the public, spread it, harass me, and retaliate against me by doing something very serious,” he says.
Similar statements from other alleged victims describe experiencing “deep depression,” shame, and fear after seeing photos taken without their consent. In general, some victims are deepfake rape and Unauthorized images they will explain how they feel.
Another man, named as a New Jersey Doe in the lawsuit, says he saw people on X using Grok to create sexual images and sent a request that “Grok not make images of me without my permission.” The next day, court records found two fake photos, including one showing him “stretching his cheeks.” He said he believed that this message to Grok asking him not to create a password “has brought my account to the attention of netizens who use Grok to harass and offend.”