In today’s day and age, it’s safe to say that our lives are half-lived online. Whether it be through social media, Google search results, or local news mentions, our digital existence will inevitably outlast our physical one. Considering the emergent usage of artificial intelligence in legal cases, estate plans, and entertainment, it is prudent to start thinking about how to build protection of your digital legacy into your end-of-life planning.
This specific kind of technology is called generative artificial intelligence, known colloquially as “GenEd,” and focuses on the creation of new content, not just building off an existing body of work. The possibilities are endless and run the gamut of ethical propriety. Some people choose to use platforms like Midjourney to imagine what their favorite movie would look like as an 80s medieval dark fantasy film, some may use it to preserve the AI likeness of a dead loved one for continued interaction (an ethically and psychologically fraught topic). Others still find use for it in the courtroom and for posthumous interviews.
Earlier this year in Arizona, Stacey Wales used GenEd technology to create a video of her deceased brother with his image and voice profile, who was murdered in a road rage incident, as part of her victim impact statement. The video she created features the veteran U.S. Army sergeant introducing himself to the court and giving an extremely emotional statement on “his own” behalf. Though the statement had its desired impact in getting the perpetrator the maximum sentence, the ethical implications of AI use in a court case cannot be ignored. If a video created by the prosecutory party that plays on the emotions of the jury, the judge, and the audience can be admitted at face value, where is the line? Some agree that it casts unfair prejudice on the other party, while some would argue that it falls within the bounds of what is acceptable. Either way, resting in peace isn’t as simple as it once was.
A prominent example of an estate currently facing troubles with using AI likeness is that of Robin Williams. After a tense online exchange involving the deceased’s daughter, Zelda Williams, it was stated that, “[Her] father explicitly said he never wanted his likeness or voice used without consent — during his life or after.” Williams’ will implemented a 25-year ban that forbade commercial use of his name, voice, or likeness until 2039. Entertainment attorney Sheila Hightower says “Williams was ahead of his time in anticipating the risks of posthumous digital exploitation…And this case reminds us how easily lines can be crossed.”
These protections aren’t only for the benefit of the rich and famous; the everyday citizen needs to have a plan in place as well. Ensuring that your digital likeness will not be used to train AI avatars or that your image, name, or voice will not be used through AI, you can give yourself and your loved ones the peace of mind you may not know you needed. The age of technology is ever-evolving, so make sure that your estate plan has the protection you need to rest peacefully.
