There's a dark side to most new technology. Generative AI is certainly no different, and perhaps has a greater potential for abuse than most. One lamentable use of artificial intelligence involves so-called "nudify" apps. As the name suggests, these apps take ordinary pictures and generate nudes of those images. They have been around since at least 2019 and are one of the first uses of deepfakes. Unfortunately, the harm they can cause has only grown, with instances of cyberbullying, revenge porn, and other harassing and exploitative behavior increasing.
Is this legal? No, not even if you take away the worst use cases, such as generating child pornography. Under the Take It Down Act, any nonconsensual posting or distribution of a nude image is against federal law, whether it is real or computer-generated. Numerous state laws also prohibit the distribution of nonconsensual intimate images.
Despite their illegality, nudify apps are still being used, and a recent article in Wired suggests that these companies, many of which are located outside of the U.S., are raking in millions of dollars. While the developers may be based abroad, users come from all over the world, including a significant amount of traffic from the U.S.
How Is This Possible?
Nudify apps generally have to go through some of the bigger tech companies to reach the public. Nudify apps violate the policies of every large tech company, including Apple, Google, and Meta. However, developers often try to get around security and community standards. For example, they may engineer their apps to behave differently in certain locations, such as anywhere near Apple Park, which can temporarily allow them to get past Apple's reviewers. While Apple will take down the app once violations are reported, the apps still profit (including a 30% cut to Apple), so the problem persists.
Lawsuits Are Attempting to Limit Their Usage
Fortunately, both tech companies and the federal government do appear to be taking steps to combat the proliferation of harmful deepfake apps. The Take It Down Act was just enacted in May 2025. Because it is so new, it remains to be seen how federal prosecutors will use the law. It's possible that once prosecutions increase, the use of nudify apps will decrease.
Some tech companies are also taking developers to court. For example, in June, Meta filed a lawsuit against Hong Kong-based company Joy Timeline. It claims that the Chinese company repeatedly circumvented Meta's community standards to advertise Joy's nudify app (which we won't name here to avoid giving them any more exposure).
Hopefully, federal authorities and tech companies can reduce the instances of harmful deepfakes. Meanwhile, however, what can you do if a deepfake of you circulates online?
You Can Sue for Nonconsensual Posting of Intimate Pictures
In addition to the Take It Down Act, the Violence Against Women Reauthorization Act of 2022 created a cause of action for federal lawsuits against perpetrators who distribute intimate photos without consent. Anyone who has had an intimate image of themselves circulated or distributed online can sue in federal court under VAWA. Similar state laws also allow victims to sue in state courts, if they so choose.
Combating exploitative photos online is not an easy task. Fortunately, victims do have rights, and increasingly, tech companies seem willing to tackle such issues collaboratively, such as with the Lantern Project, a tech coalition aimed at combating child pornography and the sexual abuse of minors.
Hopefully, these efforts will pay off soon. If you are the victim of revenge porn or otherwise have had nonconsensual sexual pictures of yourself circulated online, there may be legal options. You can contact a law firm familiar with sexual abuse and harassment cases to learn more.
Related Resources
- State Revenge Porn Laws (FindLaw's Law and Daily Life)
- When Police or Prosecutors Won't Act: Sue in Civil Court (FindLaw's Law and Daily Life)
- Can a Dating Site Be Sued If Your Date Turns Dangerous? (FindLaw's Law and Daily Life)
