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Synthetic Identity and the Erosion of Trust: Regulatory Approaches

Synthetic Identity and the Erosion of Trust: Regulatory Approaches

Digital Dignity Institute Research Team

Abstract

As AI enables the creation of convincing synthetic identities — false personas indistinguishable from real individuals — existing legal frameworks are inadequate. This brief examines regulatory approaches across jurisdictions and proposes minimum standards for synthetic identity disclosure, liability, and enforcement.

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Key Findings

  1. 01

    Existing identity fraud and impersonation laws do not cover synthetic identities — there is no victim whose identity has been stolen.

  2. 02

    Disclosure-based regimes are necessary but insufficient: labelling requirements are easily circumvented and do not address harms already caused.

  3. 03

    Civil liability regimes with rebuttable presumptions offer the most promising path to deterrence.

  4. 04

    Platform-level detection obligations are essential: individual enforcement cannot address synthetic identity at scale.

  5. 05

    International coordination is required: synthetic identity operations are inherently cross-border.

Methodology

Comparative legal analysis across eight jurisdictions; regulatory mapping; structured review of enforcement actions and case law; expert consultation with platform trust and safety teams, law enforcement, and civil society organisations.