WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This act shall be known and may be cited as the Digital Afterlife Consent and AI Identity Protection Act.
Establishes the citation name of the act: the Digital Afterlife Consent and AI Identity Protection Act. No compliance obligation arises from this section.
"Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." The class of models that emulates the structure and characteristics of input data in order to generate derived synthetic content.Section 2.
"Artificial intelligence simulationArtificial intelligence simulation"Artificial intelligence simulation." An automated system, including an artificial intelligence system, that produces text, audio, video, images, interactive responses or any other interaction on a digital platform that represents or simulates a user.Section 2." An automated system, including an artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2 system, that produces text, audio, video, images, interactive responses or any other interaction on a digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 that represents or simulates a userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2.
"Digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2." Any of the following with more than 1,000,000 registered usersUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 that stores userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.
"Extended inactivityExtended inactivity"Extended inactivity." A continuous period of no user login or verified interaction for a five-year period.Section 2." A continuous period of no userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 login or verified interaction for a five-year period.
"Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." The class of models that emulates the structure and characteristics of input data in order to generate derived synthetic content.Section 2." The class of models that emulates the structure and characteristics of input data in order to generate derived synthetic contentSynthetic content"Synthetic content." Information that has been significantly modified or generated by algorithms, including by artificial intelligence such as images, videos, audio clips or text.Section 2.
"Personally authorized representativePersonally authorized representative"Personally authorized representative." An individual that a user has previously designated as authorized to make decisions regarding the user's digital platform accounts after death.Section 2." An individual that a userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 has previously designated as authorized to make decisions regarding the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 accounts after death.
"Post mortem simulationPost mortem simulation"Post mortem simulation." The generation of content, interaction or communication by artificial intelligence that purports to originate from or represent a deceased individual.Section 2." The generation of content, interaction or communication by artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2 that purports to originate from or represent a deceased individual.
"Synthetic contentSynthetic content"Synthetic content." Information that has been significantly modified or generated by algorithms, including by artificial intelligence such as images, videos, audio clips or text.Section 2." Information that has been significantly modified or generated by algorithms, including by artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2 such as images, videos, audio clips or text.
"UserUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2." An individual who resides in this Commonwealth and maintains an account on a digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2.
Defines the scope-setting terms for the act. The key coverage triggers are digital platform — limited to services with more than 1,000,000 registered users that store user-generated content — and artificial intelligence simulation, which captures any automated system producing content that represents or simulates a user. The act's operative duties attach to post-death and extended inactivity (five continuous years) scenarios, and route estate authority through both legal representatives and a user-designated personally authorized representative.
These provisions are definitional and impose no standalone obligation.
(a) 1 Requirements.--A digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 may not deploy artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2 simulation of a userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 after death or extended inactivityExtended inactivity"Extended inactivity." A continuous period of no user login or verified interaction for a five-year period.Section 2 unless: (1) The userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 has provided clear and conspicuous opt-in consent, separate from general terms of service. (2) The consent specifically identifies: (i) the categories of content that may be generated; (ii) the duration of post mortem simulationPost mortem simulation"Post mortem simulation." The generation of content, interaction or communication by artificial intelligence that purports to originate from or represent a deceased individual.Section 2; and (iii) whether private communications may be used. (3) The digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 has informed the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 in plain language of how the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's data will be used and whether the AI system will continue public posting digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 content, private messaging or interactive engagement.
(b) 1 Revocation and expiration.--Consent under this section must be revocable at any time and expires two years after the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's date of death unless renewed by the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's estate.
Prohibits a digital platform from deploying an AI simulation of a user after death or after five years of extended inactivity unless the user has given clear, conspicuous opt-in consent that is separate from the general terms of service. The consent must specify the categories of content that may be generated, the duration of the post-mortem simulation, and whether private communications may be used, and the platform must explain in plain language how the user's data will be used and whether the AI will continue public posting, private messaging, or interactive engagement.
Consent must be revocable at any time and expires two years after the user's death unless renewed by the estate. This is a consent-gating and data-use-notice obligation running to the covered platform operator.
2 Absent explicit opt-in consent under section 3(a)(1), a digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 shall: (1) disable artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2 simulation of the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2; (2) refrain from generating content that appears to originate from the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2; and (3) clearly mark the account as inactive or memorialized, if applicable.
Sets the default rule that governs absent the opt-in consent required by Section 3. Where a user has not opted in, a digital platform must disable any AI simulation of the user, refrain from generating content that appears to originate from the user, and clearly mark the account as inactive or memorialized where applicable. This is an affirmative default-off prohibition on generating user-impersonating content without consent.
(a) 3 Rights.--Upon verification of death, a legally authorized representative, executor or administrator of the deceased individual's estate may: (1) revoke prior consent; (2) terminate AI simulation; and (3) request deletion of AI-generated content created after death.
(b) 3 Override.--No digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 may override a valid estate directive under this section.
(c) 3 Other authorized representatives.--If a deceased individual has no legally authorized representative, executor or administrator of their estate as specified in subsection (a), a personally authorized representativePersonally authorized representative"Personally authorized representative." An individual that a user has previously designated as authorized to make decisions regarding the user's digital platform accounts after death.Section 2 shall be considered an authorized representative to make decisions relating to the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 account.
Grants post-death control rights over AI simulations to a legally authorized representative, executor, or administrator of a deceased user's estate: the right to revoke prior consent, terminate the AI simulation, and request deletion of AI-generated content created after death. A platform may not override a valid estate directive. Where no legal estate representative exists, a user-designated personally authorized representative steps into that role. This creates a human-controlled override and deletion mechanism that platforms must honor.
(a) 4 Labeling.--A digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 shall include a disclosure with any content generated by an artificial intelligence simulationArtificial intelligence simulation"Artificial intelligence simulation." An automated system, including an artificial intelligence system, that produces text, audio, video, images, interactive responses or any other interaction on a digital platform that represents or simulates a user.Section 2 that includes all of the following criteria: (1) The disclosure identifies digital content as artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI." (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under paragraph (1) into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii). (2) The term includes generative artificial intelligence.Section 2. (2) The disclosure is clear, conspicuous, appropriate for the medium of the digital content and understandable to a reasonable person. (3) To the extent that it is technically feasible and reasonable, the disclosure shall convey all of the following directly or through a link to a publicly accessible Internet website: (i) The name and version number of the artificial intelligence simulationArtificial intelligence simulation"Artificial intelligence simulation." An automated system, including an artificial intelligence system, that produces text, audio, video, images, interactive responses or any other interaction on a digital platform that represents or simulates a user.Section 2 that created or altered the content. (ii) The time and date of the content's creation or alteration. (iii) A unique identifier. (4) The disclosure is consistent with widely acceptable industry standards. (5) The disclosure is permanent or not reasonably removable to the extent it is technically feasible.
(b) 4 Failure to label.--Failure to label artificial intelligence simulationArtificial intelligence simulation"Artificial intelligence simulation." An automated system, including an artificial intelligence system, that produces text, audio, video, images, interactive responses or any other interaction on a digital platform that represents or simulates a user.Section 2 in accordance with subsection (a) constitutes a violation of this act.
Requires a digital platform to attach a disclosure to any content generated by an AI simulation. The disclosure must identify the content as artificial intelligence; be clear, conspicuous, and appropriate for the medium; convey (directly or via link) the simulation system's name and version, the creation/alteration timestamp, and a unique identifier; be consistent with widely accepted industry standards; and be permanent or not reasonably removable to the extent technically feasible. Failure to label is itself a violation of the act. This combines a human-perceptible label with embedded provenance-style metadata requirements.
5 A digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 may not monetize, advertise or commercially exploit post mortem simulationsPost mortem simulation"Post mortem simulation." The generation of content, interaction or communication by artificial intelligence that purports to originate from or represent a deceased individual.Section 2 without consent provided prior to death and written confirmation from the estate representative. This consent must be provided in a clear and conspicuous manner separate from the general terms of service and explicit opt-in consent provided in section 4. Consent under this section must be revocable at any time and expires five years after the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's date of death unless renewed by the userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2's estate.
Prohibits a digital platform from monetizing, advertising, or commercially exploiting post-mortem simulations without both pre-death consent and written confirmation from the estate representative. This consent must be clear, conspicuous, and separate from the general terms of service and from the Section 3 opt-in consent. It is revocable at any time and expires five years after death unless renewed by the estate. This is a heightened, layered consent gate specific to commercial use of a deceased user's simulated identity.
(a) Separate violations.--Each instance shall constitute a separate violation under this act.
(b) Attorney General.--The Attorney General may bring an action for: (1) civil penalties, which shall not be less than $5,000 and not more than $10,000 per violation; (2) injunctive relief; and (3) restitution.
(c) Private right of action.--A private right of action is available to: (1) an affected individual, if living; or (2) an affected individual's estate or authorized representative, if the affected individual is deceased.
Establishes the enforcement architecture. Each instance is a separate violation. The Attorney General may bring an action for civil penalties of not less than $5,000 and not more than $10,000 per violation, injunctive relief, and restitution. The act also creates a private right of action available to an affected living individual, or to the estate or authorized representative of a deceased affected individual. This section defines remedies and standing rather than imposing an independent compliance duty.
Digital platformDigital platform"Digital platform." Any of the following with more than 1,000,000 registered users that stores user-generated content: (1) Online service. (2) Social media platform. (3) Messaging service. (4) Digital application.Section 2 accounts belonging to a userUser"User." An individual who resides in this Commonwealth and maintains an account on a digital platform.Section 2 under this act are a form of nontransferable intellectual property for the purposes of interpreting 47 U.S.C. § 230 (relating to protection for private blocking and screening of offensive materials).
Declares that digital platform accounts belonging to a user under the act are a form of nontransferable intellectual property for purposes of interpreting 47 U.S.C. § 230. This is an interpretive/framing provision apparently intended to position claims under the act within Section 230's intellectual-property carve-out and thereby avoid federal immunity. It creates no independent affirmative compliance obligation, but it is central to the bill's preemption posture.
This act shall take effect in one year.
Provides that the act takes effect one year after enactment. No compliance obligation arises from this section; it sets the operative timeline for the act's substantive provisions.