The law of digital afterlife: the Chinese experience of AI ‘resurrection’ and ‘grief tech’

Abstract

This article considers the prominent private law and regulatory problems relating to the practice of AI ‘resurrection’ where a digital replica with the appearance, voice, and personality of the deceased is created to interact with the real world. The intention is to offer solace and comfort to the bereaved by interacting with a digital representation of their loved one, providing a semblance of continued presence as if the departed had never left this world. This article first considers the industry of AI ‘resurrection’ in the context of ‘grief tech’. It uses the Chinese experience for discussion as to date the practice is most prevalent in China but the legal considerations are applicable to other jurisdictions. It then discusses whether and how the practice may constitute the infringement of the deceased’s portrait right as a personality interest protected under the Civil Code and its remedies. It finally considers the regulatory aspects of AI ‘resurrection’ with respect to personal information, deep synthesis and AI generative technology.