Silence Is Not Consent: A Framework for Posthumous AI Governance
Digital Dignity Institute Research Team
Abstract
This paper advances a governance framework for AI-generated replicas of deceased individuals, arguing that the absence of explicit consent cannot be interpreted as permission to recreate, commercialize, or deploy a person's digital likeness after death. We propose a tiered consent architecture spanning pre-mortem planning, estate authority, and platform accountability.
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Download PDFKey Findings
- 01
Silence cannot be treated as consent to posthumous AI replication under any defensible ethical or legal framework.
- 02
Existing legal instruments — right of publicity, data protection, IP law — are structurally inadequate for posthumous AI governance.
- 03
A tiered consent architecture spanning pre-mortem planning, estate authority, and platform accountability is the minimum adequate response.
- 04
Platform operators should bear affirmative obligations to verify consent, not merely to respond to complaints.
- 05
International coordination is essential: posthumous AI replication is inherently cross-border and current jurisdictional frameworks cannot address it.
Methodology
Doctrinal legal analysis across twelve jurisdictions; comparative regulatory survey; structured interviews with estate attorneys, platform policy teams, and bereaved family members; ethical framework analysis drawing on autonomy theory, dignity theory, and relational ethics.