AI Resurrection of the Departed?

Man in a suit with his head and face in a cyber helmet and clouds and light shine in his background

The allure of bringing the deceased back to life through AI appear to be straight out of a Black Mirror episode, but there are already efforts being made in this space and they create a whole host of legal and ethical complexities.

Key issues are as follows:

(1) Authority Over Digital Beings: Who holds the reins over AI-generated replicas and their creation? In a world of blurred lines, should it be family, employers, or corporations? Legal battles will be prevalent as the power dynamics of creating digital afterlives unravel.

(2) Consent and Personhood in the Digital Afterlife: Defining consent, digital personhood, and privacy rights for the deceased challenges existing legal frameworks, especially as privacy and property rights are geared toward the living. A nuanced approach is important to ensure respect for individuals.

(3) Custodianship of Digital Beings and Afterlives: Legal considerations also extend to determined who is responsible for platform management, continuing data preservation, and evolving digital afterlives.

The creation of digital beings and afterlives will require a delicate balance between innovation and the rights of the living and departed alike.

Contact: msalehpour@salehpourlaw.com

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