Report 4573

WESTFIELD, NJ --- Government institutions, including the police, failed to protect girls in Westfield High School from being "violated and exploited" by the use of artificial intelligence (AI) to make fake nude pictures, asserts a lawsuit by a victim.

The complaint, filed earlier this month in federal court, relates to a Westfield High School boy's creation and sharing of images, created with AI, that depict what a female schoolmate might look like naked.

Both the plaintiff and defendant are kept anonymous in the lawsuit due to their ages; the complaint refers to the plaintiff as Jane Doe and the defendant as K.G.

Although the complaint seeks monetary compensation from the boy and his parents, it makes a point of criticizing the Westfield Police Department's handling of the matter.

It asserts that the police, on Jan. 24, told the victim and her parents "that charges could not pursued at that time because the facts gathered by Jane Doe's school could not be used to support the investigation and because Defendant and other potential witnesses failed to cooperate with, speak to or provide access to their electronic devices to law enforcement."

This aspect of the situation was discussed three months ago by Westfield Mayor Shelley Brindle and Westfield Police Chief Christopher Battiloro. Although school officials conducted a probe of the matter, Brindle and Battiloro said interviews of students by school administrators without a parent or lawyer present are not admissible in court.

"In order to bring any criminal investigation to fruition, we must always have the cooperation and participation of those involved --- from victims to witnesses," Battiloro said. "Victim and witness statements are often required and essential for criminal complaint approval" as they establish probable cause for criminal charges.

The lawsuit faults that approach.

"Consequently, in addition to no charges being pursued, law enforcement never determined the extent of the nude photos' dissemination, never ensured that no further dissemination occurred and never ensured the nude photos had been deleted and were no longer accessible," it asserts.

Battiloro and Westfield Police Sgt. Michael Walsh, the department's public information officer, could not be reached for comment.

The complaint was filed by Florida lawyers Shane Vogt and David Hayes along with Clark lawyers Jon-Henry Barr and John Gulyas. Gulyas said all comments would come from Vogt, who did not respond to interview requests.

The plaintiff, 15 at the time of the incident, allowed K.G. to become her Instagram "friend," says the complaint. It says the boy then took screenshots or downloaded photos of the girl and others and used AI software --- possibly one called ClothesOff --- to alter the images by artificially removing the girls' clothes.

The boy then distributed the pictures via Snapchat, says the complaint, asserting that this action amounted to distribution of child pornography and the violation of a slew of state and federal laws.

"Jane Doe and her parents did not learn about the existence of the nude photos until Oct. 20, 2023, when Jane Doe's parents received an email from her school and Jane Doe's mother received a phone call from the school's assistant principal," says the complaint.

It alleges that, on the same day, the father of the defendant called Jane Doe's mother to discuss his son's actions.

"Jane Doe and her parents immediately cooperated with an investigation launched by the Westfield Police Department, believing that some actions would be taken to hold Defendant accountable for his conduct, ensure the nude photos had been deleted, determine the extent of their dissemination and try to ensure that no further dissemination occurred," says the lawsuit.

Despite voicing that criticism, the lawsuit does not include any public officials or entities as defendants.

One of the known victims of the AI photo manipulation was Westfield High School student Frencesca Mani. She and her mother, Dorota Mani, went public with complaints about the incident last year.

The mother and daughter are energetically fighting for new laws, both on the state and federal level, to deal with the issue. But Dorota Mani said her daughter is not the plaintiff in the lawsuit. She said she does not believe litigation is the best route to a solution.

"The legal (lawsuit) route was never really my thing," she said. However, Dorota Mani said there should be some form of criminal justice system involvement.

"They are teenagers," she said. "They will make mistakes ... This is happening and will be happening going forward because AI is so easy to manipulate and it's much more exciting than any video game they are playing. I think the boys should be accountable, but how accountable is up to the prosecutors and police."

To see the lawsuit, click here.