I don’t think anyone can claim that it’s not the user’s fault. The question is whether it’s the machine’s fault (and the creator and administrator - though not operator) as well.
I don't know how common this is, or what the prompt was that inadvertently generated nudes. But it's at least an example where you might not blame the user
I know they said “without being prompted” here but if you click through you’ll see what the person actually selected (“spicy” is not default and is age-gated and opt-in via the nsfw wall).
Very weird for Taylor Swift...
The questions then, for me, are:
* Is Grok considered a tool for the user to generate content for X or is Grok/X considered similar to a vendor relationship
* Is X more like Backpage (not protective enough) than other platforms
I’m sure this is going to court, at least for revenge porn stuff. But why would anyone do this to their platform? Crazy. X/Twitter is full of this stuff now.
Note that things change. In the early days of twitter (pre X) they could get away with not thinking of the issue at all. As technology to detect CSAM marches on they need to use it (or justify why it shouldn't be used - too many false positives???). As a large platform for such content they need to push the state of the art in such detection.. At no point do they need perfection - but they need to show they are doing their reasonable best to stop this.
The above is of course my opinion. I think the courts will go a similar direction, but time will tell...
Which he does and responded with “I will blame and punish users.” Which yeah, you should, but you also need to fix your bot. He’s certainly has no issue doing that when Grok outputs claims/arguments that make him look bad or otherwise engages in what he considers “wrongthink,” but suddenly when there are real, serious consequences he gets to hide behind “it’s just a user problem”?
This is the same thing YouTube and social media companies have been getting away with for so long. They claim their algorithms will take care of content problems, then when they demonstrably fail they throw their hands up and go “whoops! Sorry we are just too big for real people to handle all of it but we’ll get it right this time.” Rinse repeat.
Some of these things are going into the ENFORCE act, but it's going to be a muddy mess for a while.