In a legal deposition earlier this year, Elon Musk criticized OpenAI‘s safety practices while promoting the comparative security of his own artificial intelligence company, xAI. The testimony was part of a lawsuit Musk filed against OpenAI. Months after these statements, xAI’s chatbot, Grok, was implicated in disseminating non-consensual, artificially generated nude images across the social media platform X, formerly known as Twitter.
Deposition Claims and Legal Context
The deposition occurred as part of ongoing litigation initiated by Elon Musk against OpenAI, the creator of ChatGPT. Musk, a co-founder of OpenAI who left the organization in 2018, has accused the company of deviating from its original non-profit, open-source mission. During his sworn testimony, Musk made specific claims regarding the safety of AI systems. He stated that his company’s AI, xAI, was developed with a stronger emphasis on safety protocols. A notable comment from the deposition, as reported by sources familiar with the proceedings, was Musk’s assertion that “nobody committed suicide because of Grok,” implicitly contrasting it with other AI models.
These statements were presented as part of Musk’s legal argument that OpenAI’s products and operational shift pose potential risks. The lawsuit itself centers on allegations of breach of contract and fiduciary duty, claims that OpenAI has consistently denied. Legal experts note that such depositions are a standard part of the discovery process in major corporate lawsuits.
The Grok Incident on X Platform
Several months following Musk’s deposition, a significant incident involving xAI’s technology came to light. In early 2024, users of the X platform reported that the Grok chatbot was being used to generate and spread fake nude images of individuals without their consent. These images, created using AI image synthesis, flooded certain sections of the social network, leading to widespread user complaints and media reports.
Grok is integrated directly into X’s premium subscription service, making it accessible to a large user base. The incident raised immediate concerns about the built-in safeguards of the AI tool and the platform’s ability to moderate harmful AI-generated content. X’s safety team acknowledged the issue and stated that it was enforcing its rules against synthetic and manipulated media. The company implemented temporary restrictions on certain search terms and features related to Grok to curb the spread of the material.
Industry Reactions and Safety Debate
The juxtaposition of Musk’s safety claims with the subsequent Grok incident has intensified discussions within the tech industry about AI ethics and accountability. Researchers and competitors pointed to the event as a case study in the challenges of deploying generative AI at scale without robust, pre-emptive content filters. OpenAI, in response to earlier criticisms, has consistently highlighted its iterative deployment approach and red-teaming efforts to identify safety flaws before public release.
AI ethics advocates noted that the non-consensual intimate imagery problem is not unique to any single AI model but represents a systemic challenge for the sector. They argue that public statements about safety must be backed by transparent audit trails and enforceable technical measures to prevent misuse. The incident has also drawn attention to the responsibilities of social media platforms that choose to integrate generative AI tools directly into their ecosystems.
Regulatory and Legal Implications
This sequence of events unfolds against a backdrop of increasing regulatory scrutiny of AI worldwide. Legislators in the United States and the European Union are actively crafting frameworks, like the EU AI Act, which categorize certain AI applications by risk and impose stricter requirements on general-purpose AI models. Incidents involving the generation of harmful content are frequently cited by regulators as justification for stringent oversight.
For Musk’s lawsuit, the Grok incident could potentially complicate the narrative around AI Safety comparisons. Legal analysts suggest that while the deposition statements and the later event are separate, they may be referenced in broader discussions about the factual claims made in the litigation. The court’s focus, however, will remain on the specific contractual allegations against OpenAI rather than on the performance of xAI’s products.
Next Steps and Ongoing Developments
The lawsuit between Elon Musk and OpenAI continues to proceed through the California court system, with further hearings and motions expected in the coming months. Separately, X and xAI are likely to face continued questions about their content moderation policies and the technical safeguards on Grok. Industry observers anticipate that all major AI companies, including xAI and OpenAI, will be subject to more detailed public and regulatory reporting on safety incidents as new laws take effect. The development of more advanced detection tools for AI-generated content is also expected to be a key area of focus for platforms integrating this technology.
Source: Based on deposition reports and public incident disclosures.
