Grok Fakes Are Digital Assault. Make Them a Crime: Noah Feldman

Feb. 13, 2026, 10:30 AM UTC

The horrifying episode in which Elon Musk’s Grok chatbot generated and posted millions of sexualized images of real people, including women and children, has a clear lesson: It should be illegal to use anyone’s photograph to create a fake image intended to depict that person.

Last summer, Congress passed the Take It Down Act, which prohibits posting deep fakes that depict people engaged in intimate sexual acts. Now Congress should expand the the act to cover any misappropriation of a person’s likeness.

This can be accomplished in a manner consistent with the First Amendment. There is a long-standing common-law ...

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