Academics propose anti-"ghostbot" clauses for wills
People could include directions in their wills to prevent digital reincarnations being made of them after they die, university researchers have suggested.
The "Do not bot me" clause has been raised as a means of preventing the creation of "ghostbots", a term used to describe the novel phenomenon of using artificial intelligence to create digital reincarnations of the dead. This can include deepfakes, replicas, holographs, or chatbots that attempt to recreate the appearance, voice and/or personality of dead people.
A paper "Governing Ghostbots" has been published in the Computer Law & Security Review 2023, following research carried out by Dr Marisa McVey from the School of Law at Queen’s University Belfast, Dr Edina Harbinja from Aston Law School, Birmingham, and Professor Lilian Edwards from Newcastle University Law School.
Deepfake technology can take data collected from social media platforms to emulate how people look, talk and act. Due to the increasing commercialisation of versions aimed at digital reincarnation, the research looked at ways to protect people’s privacy (including post-mortem privacy), property, personal data, and reputation.
Recent legal developments in the US and EU have shone a light on the potential for further regulation of ghostbots. In the state of New York, there is now a right of publicity for celebrities to control the commercial use of their name, image and likeness which extends to 40 years post-mortem. There is also a further prohibition on the digital replication of deceased performers. In Europe, the proposed EU Artificial Intelligence Act also requires greater transparency for deepfakes and chatbots, which appears to cover ghostbots.
Dr McVey commented: "'Ghostbots' lie at the intersection of many different areas of law, such as privacy and property, and yet there remains a lack of protection for the deceased’s personality, privacy, or dignity after death. Furthermore, in the UK, privacy and data protection laws do not extend to heirs after death.
"While it is not thought that ghostbots could cause physical harm, the likelihood is that they could cause emotional distress and economic harm, particularly impacting upon the deceased’s loved ones and heirs."
She added that currently it is unclear who might have the power to bring back our digital persona after we die.
"In the absence of legislation in the UK, one way to protect our post-mortem selves might be through the drafting of a legally binding 'Do not bot me' clause that could be inserted into wills and other contracts while people are still alive. This, combined with a global searchable database of such requests, may prove a useful solution to some of the concerns raised by ghostbots.
"We also suggest that in addition to legal protections, greater societal awareness of the phenomenon of ghostbots, education on digital legacies and cohesive protection across different jurisdictions is crucial to ensure that this does not happen without our permission."
The research is a part of the Leverhulme Trust funded project, "Modern Technologies, Privacy Law and the Dead".