(Jane Doe, et al. v. AI/Robotics Venture Strategy 3 LTD, et al., No. 25-16671, D. N.J.)
(Complaint available. Document #46-251105-056C.)
The complaint was filed Oct. 16.
A minor identified in court documents as 17-year-old Jane Doe and her parents, identified as Jill Doe and Jack Doe, filed suit in the U.S. District Court for the District of New Jersey against defendants responsible for the ClothOff artificial intelligence website. The plaintiffs contend that the website allows anyone to upload a picture of a person and that the AI will then “undress them” and produce hyperrealistic CSAM or nonconsensual intimate images. Further, the defendants promote ways to ensure that the images are as real as possible and promote the creation of CSAM and NCII, suggesting that users can choose who they want to undress, including a user’s “dream girl.” The defendants also allow direct upload from the Instagram social media app, without any restrictions or checks to ensure consent or that the user owns the image, the plaintiffs say.
ClothOff
“ClothOff produces and distributes hyper-realistic AI-generated CSAM and NCII of people that are indistinguishable from real photographs. ClothOff adds no stamp to images to indicate that they are not real, and viewers unaware of the images’ provenance have no way of knowing whether the images are authentic or fabricated. Once created, these images can be shared endlessly without the depicted victim’s knowledge and absent their consent,” the plaintiffs allege.
Teenagers are using ClothOff to make CSAM and NCII, including images of minor classmates, teachers, celebrities and others, the plaintiffs allege. Jane Doe is one such victim. Classmates at her Union County, N.J., high school obtained a picture of her from social media and then converted it to a naked image using ClothOff, the plaintiffs allege. The plaintiffs allege that Jane Doe suffered embarrassment and that the embarrassment is ongoing as she never knows where or when the images will reappear.
The suit names AI/Robotics Venture Strategy 3 Ltd d/b/a ClothOff, Aliaksandr Babichau and Dasha Babicheva along with Telegram Group Inc. and Telegram Messenger Inc.
Claims
The plaintiffs allege violation of 15 U.S. Code Section 6851, 15 U.S.C. § 6851 against all defendants; 18 U.S. Code Section 2255, 18 U.S.C. § 2255 against all defendants; violation of common-law right of privacy – appropriation against ClothOff; common-law right of privacy – intrusion upon seclusion against ClothOff; New Jersey Statutes Annotated 2A:30B-3, N.J.S.A. 2A:30B-3; strict products liability against all defendants; intentional infliction of emotional distress against ClothOff; and negligent infliction of emotional distress against ClothOff.
The plaintiffs seek various forms of injunctive relief, actual or liquidated damages of no less than $150,000, treble damages under 2A:30B-3(3)(b), punitive damages and attorney costs and fees.
The plaintiffs are represented by Brina Harden, Raymond Perez, Andrea DenHoed, Atia Ahmed, Shannon Sommers, Jeanica Geneus, Dara Gold, Tobin Raju and John Langford of Media Freedom & Information Access Clinic in New Haven, Conn.; Shane B. Vogt of Vogt Law in Tampa, Fla.; and Jon-Henry Barr and John Gulyas of Barr & Gulyas LLC in Clark, N.J.