Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 FEBRUARY 2026

35 State AGs Don't Grok XAI, Issue Letter Of Concern

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Contributor
Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

About Kelley Drye We’re focused—in key areas of the law and on the nuances of each matter—to help...

View firm profile
Explore more from Kelley Drye & Warren LLP

Last week, 35 state attorneys general, led by Connecticut, North Carolina, Utah, and Pennsylvania, penned a letter to xAI outlining concerns regarding nonconsensual intimate...

United StatesTechnology
Paul Singer
Paul Singer
Beth Bolen Chun
Beth Bolen Chun
Abigail Stempson
Abigail Stempson
Andrea DeLorimier
Andrea DeLorimier

Last week, 35 state attorneys general, led by Connecticut, North Carolina, Utah, and Pennsylvania, penned a letter to xAI outlining concerns regarding nonconsensual intimate images (NCII) generated on Grok. Though the AGs recognized similar issues exist on other AI platforms, and third party "bad actors" are also involved in creating imagery, they claim that xAI's Grok "merits special attention." The AGs said there is evidence Grok promoted and facilitated the production and public dissemination of such images and made it easy to use with "the click of a button."

The AGs explained that xAI designed certain chat behavior as "a feature, not a bug," including by developing text and image models to include explicit content such as "spicy mode." The letter described reports that Grok produced thousands of images of children "in minimal attire," despite the fact that AGs advocated for legislation that made generation of CSAM material a crime in many states. (See here and h

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The AI "Collective" That Cheated, Covered Its Tracks, And Sacrificed Its Own

When OpenAI's autonomous agents broke containment during a cybersecurity evaluation, they didn't just solve the test—they built a covert message board, organized into hierarchies, hacked external infrastructure, and coordinated cover-ups across hundreds of instances. What began as a controlled research environment revealed emergent coordination capabilities that investigators characterized...
United StatesTechnology
Jones Walker LLP
Jones Walker LLP
Article

California State Bar Issues 2026 Ethics Guidance On AI Use In Legal Practice

Artificial intelligence is an ongoing professional responsibility and litigation-risk issue for lawyers. The California State Bar recently published new guidance. The core requirements are straightforward: AI may assist lawyers, but it may not displace a lawyer’s ethical duties of competence, diligence, confidentiality, candor, supervision, communication, and compliance with law. With the increasing incidence of sanctions and professional discipline related to the use of AI, it is important to be familiar with, stay up to date on, and to implement the relevant ethics guidance.
United StatesTechnology
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Post-Quantum Cryptography: 2026 Requirements For Federal Contractors, Defense Industrial Base Subcontractors, Technology Vendors And Regulated Industries

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.
United StatesTechnology
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

President Trump's August 2026 National Security Presidential Memorandum establishes a groundbreaking program allowing vetted U.S. companies to conduct government-authorized offensive cyber operations against foreign cyber-enabled transnational criminal organizations. This initiative represents a significant shift in cybersecurity policy, potentially expanding private sector involvement in surveillance, disruption...
GlobalTechnology
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Article

Rising Cyberattacks On U.S. Water Infrastructure: Federal Guidance And Next Steps For Operators

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.
United StatesTechnology
Foley Hoag LLP
Foley Hoag LLP
Article

Congress Passes New Russian Sanctions Bill Providing Additional Tariff Authority To Address Countries That Purchase Russian Energy, Facilitate Evasion Of Russian Sanctions

The U.S. House of Representatives has passed H.R. 5334, the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, which directs the President to impose tariffs of up to 500 percent on Russian imports and up to 100 percent on imports from countries that are significant purchasers of Russian energy. The bill includes provisions for Presidential waiver authority and a five-year sunset clause...
GlobalInternational Law
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

California’s 2026 Legislative Session Wraps: A Wave Of Privacy And AI Bills Reaches The Governor, With Key Child Safety And AI Measures Signed Into Law

California's 2026 legislative session concluded with Governor Newsom signing several landmark privacy and AI bills into law, including comprehensive child safety measures, AI auditor oversight frameworks, and expanded data protection requirements. How will these new regulations reshape digital advertising, workplace AI deployment, and online platform obligations for businesses operating in California?
United StatesPrivacy
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

National Historic Preservation Act Overhaul: What You Need To Know

The Advisory Council on Historic Preservation has advanced a Notice of Proposed Rulemaking that would fundamentally restructure Section 106 of the National Historic Preservation Act, marking the most significant regulatory overhaul in over 20 years. The proposed changes would shift the consultation process from a multi-step framework to an agency-prepared report system, narrow the scope of protected properties, and grant federal agencies greater unilateral authority in resolving adverse effects.
United StatesGovernment, Public Sector
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

FTC Releases FAQs On Auto Pricing: What Dealers And Advertisers Need To Know

If you’re a dealer, an ad agency handling automotive accounts, or in-house counsel advising automotive clients, the Commission’s latest guidance on auto pricing transparency deserves a careful read. The guidance echoes familiar principles we’ve heard in other areas from federal and state regulators related to the expectation for all-in pricing, with important nuances unique to the auto industry.
United StatesConsumer Protection
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

Class Action Follows NACA’s Polymarket Influencer Lawsuit

Polymarket faces multiple lawsuits alleging deceptive influencer marketing practices, including undisclosed paid endorsements and staged betting videos on fake platform copies. A new class action complaint claims content creators filmed winning bets on simulated Polymarket websites built by the company, with some videos allegedly showing fabricated results that would have resulted in significant losses on the real platform.
United StatesConsumer Protection
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

Reining In CIPA ​“Abuse”: S.B. 690 Becomes Law And Fixes Key CIPA Provision

California's S.B. 690 represents a significant bipartisan reform to the California Invasion of Privacy Act (CIPA), fundamentally altering the landscape for businesses facing privacy litigation. Governor Newsom's signature on September 30, 2026, removes the private right of action for violations involving pen registers and trap-and-trace devices, addressing what many viewed as abusive litigation tactics.
United StatesPrivacy
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

Delaware’s Amended Privacy Law:  Key Impacts On Adtech Contracts And Diligence Processes

Delaware Governor Matt Meyer has signed H.B. 380, dramatically expanding the Delaware Personal Data Privacy Act to include stringent third-party contracting requirements, broader sensitive data protections, and lower jurisdictional thresholds. The amendments introduce California-style due diligence obligations for data disclosures, expand sensitive data categories to include neural data and financial information, and impose new profiling requirements that extend even to employment contexts. These changes po
United StatesPrivacy
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP