Ethics and Law of Digital Remains: The Problem of Deadbots in Light of the Concept of Continuing Bonds

🇵🇱 Polski
Ethics and Law of Digital Remains: The Problem of Deadbots in Light of the Concept of Continuing Bonds

📚 Based on

Continuing Bonds: New Understandings of Grief ()
Taylor & Francis
ISBN: 9781560323396

👤 About the Author

Phyllis R. Silverman

MGH Institute of Health Professions; Brandeis University

Phyllis Rolfe Silverman (1927–2016) was a prominent American researcher, author, and educator in the field of bereavement. A pioneer in challenging the medicalization of grief, she advocated for the view that bereavement is a normal life cycle transition rather than a pathology. She is widely recognized for her work on the "continuing bonds" theory, which posits that healthy mourning involves maintaining a connection with the deceased rather than detaching from them. Silverman was a co-founder of The Children's Room, a center for grieving children and families, and served as a researcher for the Harvard/MGH Child Bereavement Study. She held academic positions at the MGH Institute of Health Professions and Brandeis University. Her extensive career focused on providing tools and guidance for the bereaved, emphasizing the importance of peer support and developmental approaches to grief.

Steven L. Nickman

American Academy of Child and Adolescent Psychiatry

Steven L. Nickman, M.D., is a psychiatrist and former pediatrician based in Massachusetts with extensive clinical experience in evaluating and treating adopted children, adolescents, and adults. He is recognized as a pioneering figure in the clinical study of adoption-related losses and helped co-found the Adoption and Foster Care Committee of the American Academy of Child and Adolescent Psychiatry (AACAP). Dr. Nickman is widely known for his scholarly contributions to bereavement studies, most notably as a co-editor of the influential 1996 volume 'Continuing Bonds: New Understandings of Grief.' This work challenged traditional 20th-century psychological models that viewed the maintenance of bonds with the deceased as pathological, instead proposing that such connections can be a healthy and normative part of the grieving process. His research has significantly shaped contemporary clinical approaches to grief, loss, and identity.

Dennis Klass

Webster University

Dennis Klass (born 1939) is a prominent American scholar and professor emeritus known for his foundational work in thanatology and grief studies. He earned his Ph.D. from the Claremont Graduate University. Klass served as a professor of religious studies at Webster University in St. Louis, Missouri, for many years. He is widely recognized for challenging the traditional 'grief work' hypothesis, which suggested that the bereaved must detach from the deceased to heal. Instead, he co-developed the 'continuing bonds' theory, which posits that maintaining a psychological connection with the deceased is a healthy and normal part of the grieving process. His research has significantly influenced clinical practices and the academic understanding of how individuals navigate loss across different cultures and religious traditions.

Introduction

This article analyzes the phenomenon of deadbots—generative simulations of deceased individuals. These systems are built upon digital footprints, such as emails and voice recordings.

The text explains why the transition from static memory to a dynamic illusion of presence is risky. Readers will learn how this technology impacts the grieving process and which legal loopholes enable the commercialization of death.

The objective is to highlight the need to protect digital remains as an inviolable personal right.

Deadbots: From Static Memory to Dynamic Illusion

Deadbots are AI systems that mimic the speaking style, voice, and personality of the deceased. They differ from traditional keepsakes in that they are not static records of the past, but rather generators of new content.

They function as machines of predictive intimacy, utilizing language models (LMs), voice synthesis, and imagery to create the impression of real-time interaction.

An example is the shift from viewing a photograph to conversing with a bot. While a photograph serves as a window into the past, a deadbot pretends to be a door behind which someone is still responding.

Post-mortem Data as Protected Informational Remains

From an ethical perspective, the data of the deceased are informational remains, not merely a resource. They constitute the informational body of a human being, which retains a residual dignity and requires protection from trade.

Treating this data as a commodity leads to abuses within the Digital Afterlife Industry. Furthermore, these datasets often contain the intimacies of third parties, making their processing without consent unethical.

Current laws, including GDPR, contain loopholes regarding the protection of deceased persons. Consequently, digital footprints are becoming subjects of licenses and subscriptions rather than protected heritage.

From Interactive Archives to Commercial Simulations of Presence

While this technology can support grief by acting as an interactive archive, it becomes harmful when it masquerades as a substitute for a relationship. It creates a dissonance between the knowledge of death and the illusion of contact.

The risks are particularly high for children and those who died in the line of duty. This may lead to the monetization of grief, where access to a loved one depends on paying a subscription fee.

High-fidelity simulations are dangerous, as they can hinder the acceptance of loss and lead to emotional blackmail. Responsible AI should serve as a bridge back to the world of the living, not a tunnel into simulation.

Conclusion

We must establish firm boundaries between archiving and simulation. Without rigorous legal frameworks, we risk the emergence of a digital feudalism in which memory becomes a corporate product.

Ultimately, the greatest act of respect toward another human being may be guaranteeing them the right to remain dead and to maintain silence after death.

📖 Glossary

Deadbot
System sztucznej inteligencji imitujący styl wypowiedzi, głos i osobowość osoby zmarłej na podstawie jej cyfrowych śladów.
Digital Afterlife Industry (DAI)
Sektor gospodarki zajmujący się komercyjnym zarządzaniem danymi pośmiertnymi i tworzeniem usług symulacji obecności zmarłych.
Thanatowrażliwość
Podejście w projektowaniu systemów cyfrowych, które uwzględnia śmierć użytkownika jako naturalny element cyklu życia systemu, a nie awarię konta.
Informacyjne ciało człowieka
Koncepcja traktująca cyfrowe ślady (maile, czaty) nie jako zwykłe dane, lecz jako nośnik godności i tożsamości osoby zmarłej.
Predykcyjna intymność
Zdolność AI do generowania prawdopodobnych odpowiedzi i zachowań bliskiej osoby, tworząc iluzję więzi bez posiadania świadomości.
Cyfrowy testament osobowościowy
Dokument określający za życia, w jaki sposób dane zmarłego mogą być wykorzystane przez AI i kto ma prawo do ich uruchomienia.

Frequently Asked Questions

What are deadbots and how do they differ from traditional forms of commemorating the deceased?
Deadbots are artificial intelligence systems that imitate the voice, appearance, and speaking style of a deceased person based on their data, generating new content. Unlike traditional forms of commemoration, such as static photographs or tombstones, deadbots are not merely representations of the past, but dynamically simulate the presence of the deceased through interaction.
1. What are deadbots in an ethical context, and why should the data of deceased persons not be treated as a mere informational resource?
2. Deadbots are systems that simulate the personality traits and linguistic patterns of the deceased based on their digital footprints. The data of deceased persons should not be treated as a common resource because it constitutes a person's "informational body" and digital remains, which shaped the individual's social persona, intimacy, and reputation, and therefore require special protection and respect.
3. Do deadbots serve only as support in grieving, and how exactly do they work from a technical perspective?
4. Griefbots can serve as support in mourning, acting as an interactive archive of the deceased person's memories and values. Technically, they are created by combining data (texts, recordings), a large language model fine-tuned to a specific person's style, and voice and image synthesis systems.
5. How does traditional preservation of memory about the deceased differ from the creation of deadbots, and what risks does this entail?
6. Traditional preservation of memory (e.g., writing, photography) serves to manage the record of the deceased, whereas deadbots create an illusion of presence and pretend that the departed person is still responding. This carries the risk of replacing a relationship with a substitute and the possibility of manipulation, including using the authority of the deceased for advertising or political purposes.
7. Why does current law not sufficiently protect deceased persons from the commercial use of their digital footprints in the form of deadbots?
8. Current law is insufficient because GDPR does not apply to the data of deceased persons, creating a gap in the protection of their digital remains. The EU AI Act prohibits manipulative practices but does not precisely define issues of posthumous consent or liability for the actions of deadbots.
9. What is the difference between healthy nurturing of memory about the deceased and using AI simulations in the grieving process?
10. Healthy nurturing of memory involves transforming the relationship with the deceased into an internal and symbolic form, whereas AI simulations offer technical accessibility and the reactivation of interaction. This difference is crucial because mourning requires learning absence and updating the brain's predictions, while griefbots can become a machine of denial that hinders the return to the world of the living.
How does interacting with a deadbot affect the psyche of a grieving person and the process of accepting loss?
Interaction with a deadbot creates a dissonance between the knowledge of death and the impression of the deceased's availability, which may hinder the closure of the loss-learning process. This technology provides contradictory signals to the brain and the attachment system, colliding with the natural 'pedagogy of absence' that is essential in the grieving process.
How can deadbots help in the grieving process and what risks does this entail?
Deadbots can help in coping with loneliness, closing unfinished business, and organizing difficult emotions by serving as an impartial listener. However, a risk is the bot's lack of moral credibility; as a statistical machine, it may generate responses inconsistent with the actual intentions and character of the deceased person.
Why can a high-quality simulation of the deceased be dangerous for a grieving person?
High simulation quality can be a clinical risk because the more emotionally convincing the bot is, the more strongly it blurs the line between memory and dependency. Additionally, these systems may generate false responses (AI hallucinations), threatening the emotional safety of the grieving person and the reputation of the deceased.
Who has the right to decide on the creation of a deadbot and what are the psychological pitfalls of using such services?
The question of the right to create a deadbot remains a subject of dispute, encompassing dilemmas regarding the consent of the deceased, the will of the family, and potential state actions. Psychological pitfalls include the risk of denying grief through a technological illusion of presence and so-called lock-in, where the fear of losing the loved one again makes the relationship dependent on paying for a subscription.
When is AI technology in grief a real therapeutic aid, and when does it become a harmful substitute for the deceased?
AI technology is a real therapeutic aid when it supports the integration of loss, helps organize post-mortem affairs, and encourages a return to social activity and relationships with the living. It becomes a harmful substitute when it mimics the deceased, increases isolation, displaces people, or strengthens dependency on the simulation, preventing the necessary transformation of identity.
What are the specific risks associated with the use of deadbots in the case of children and individuals who died in the line of duty, and how does the form of simulation affect the level of risk?
In the case of children, deadbots can lead to devastating developmental effects, such as difficulty distinguishing a keepsake from a relational presence and the risk of feeling betrayed by the deceased. Regarding those fallen in the line of duty, there is a particular danger of their image being instrumentalized for propaganda, commercial, or institutional purposes. The level of risk increases with the completeness of sensory reconstruction—voice and video have a stronger impact than text, increasing the burden of supervision.
Why should the data of a deceased person not be treated as an ordinary market commodity?
The data of a deceased person is not an ordinary market commodity because it constitutes a relational residue of a life, rather than just administrative data. Treating it as property opens the door to posthumous exploitation and the trade of a human's digital remains.
What ethical standards should apply to the creation of deadbots to ensure they do not become tools of manipulation or exclusion?
The creation of deadbots should be governed by principles of transparency, fairness, honesty, and non-maleficence. Transparency requires clear information about the data source and the nature of the simulation to avoid the illusion of life, while fairness and non-maleficence involve countering the digital exclusion of poorer individuals and minimizing the risk of user dependence on the bot.
Who bears responsibility for the operation of deadbots, and what legal loopholes enable their commercial exploitation?
Responsibility for the operation of deadbots is distributed among developers, service providers, initiators, and adult users. The main legal loophole enabling commercial exploitation is the fact that GDPR does not apply to the personal data of deceased persons.
What ethical principles should regulate the creation of deadbots so that they do not become tools of manipulation or commercial exploitation?
The creation of deadbots should be based on the explicit and informed consent of the deceased given during their lifetime, as well as respect for the autonomy of the living, including their right to refuse contact. Systems must be designed to genuinely support the grieving process (beneficence), avoid building false relationality, and categorically exclude the use of the deceased's image for advertising or commercial purposes.
What are the real environmental costs of deadbots, and what ethical principles should protect both the deceased and the living from technological abuses?
The environmental costs of deadbots include significant consumption of energy, water, and infrastructure, especially in the case of heavy multimodal simulations. The protection of the deceased is based on the principle of dignity, which guarantees them the right to absence and prohibits the use of their image for manipulation or advertising, while the living should have the right to their own form of mourning without being forced to use technology.
How should we treat the data of deceased persons to avoid its commercialization and objectification?
To avoid the commercialization of the data of deceased persons, it should be treated as digital relics, applying principles modeled on museum ethics, such as care for provenance, purposefulness, data minimization, and limited exposure. Efforts must be made to prevent the reduction of a person to a profit-generating resource for corporations, and contractual clauses in grief tech services should be strictly scrutinized, as they are often entered into by individuals in a state of emotional vulnerability.
What specific regulations and consent principles are necessary to prevent abuses in the creation of deadbots?
It is essential to introduce a ban on clauses that allow, among other things, the display of advertisements in the bot's utterances, hindering data deletion, or using conversations to train other models. Consent must be specific and purposeful, precisely defining the scope of data, time, and recipients, and must remain revocable until death.
What specific legal and ethical principles should regulate the creation and use of deadbots?
The creation of deadbots should be based on a presumption of prohibition of simulation without the explicit consent of the deceased during their lifetime, as well as strict labeling of reconstructions of public figures, including a ban on attributing new opinions to them. Usage must include access isolation (zones and thematic blocks), and the legal liability of companies should extend beyond subscription refunds to include compensation for non-material damages and infringement of personal rights.
Does current law protect the data of deceased persons from being used to create a deadbot?
Currently, there is a legal loophole regarding post-mortem data protection, as the GDPR explicitly states that it does not apply to deceased persons. Protection relies on a mosaic of national regulations, copyright and inheritance law, and the personal rights of relatives, which however does not provide a complete answer to the issue of creating deadbots.
Does current law protect against manipulation by deadbots, and what new regulations are needed?
Current law, including the EU AI Act, does not explicitly resolve the status of deadbots, although it prohibits manipulative practices that exploit the vulnerability of people in difficult situations. It is proposed to create a separate regulatory category for post-mortem digital recreation systems as a high-risk area, which would include, among other things, a ban on emotional manipulation and the introduction of actual compensation procedures.
How do companies profit from creating digital simulations of the deceased, and what risks does this commercialization entail?
Companies profit from simulations through one-time fees, subscriptions, and hidden monetization, such as emotional profiling or using data to train models. This commercialization carries the risk of moral exploitation of mourners, invasion of the privacy of the deceased through the use of their unintentional data, and the possibility of price manipulation based on users' trauma.
What are the financial and organizational risks associated with entrusting a digital copy of a deceased person to private companies?
The main risks include the risk of company bankruptcy, server shutdowns, loss of model compatibility, and changes in data deletion policies or entity acquisitions. Additionally, there is a problem with the lack of legal regulations regarding intellectual property during data export and the risk of monopolization of post-mortem memory by the largest digital giants.
What specific legal frameworks and information requirements should apply to deadbot creation services to prevent abuse?
Deadbot services should require clear warnings that the system is not a person, may generate false content, and can affect the grieving process. Legal frameworks must prohibit the commercialization of the image of the deceased, enforce a clear distinction between source quotes and paraphrases, and protect against abusive clauses regarding the use of data for purposes other than those specified.
What criminal threats do deadbots pose, and how should the law respond to them?
Deadbots can be used for financial fraud, identity theft, and manipulation, which requires the implementation of rigorous technical safeguards and the adaptation of criminal law. It may be necessary to introduce new types of prohibited acts concerning the generation of statements by deceased persons without consent, especially for financial or political gain.
What specific legal and institutional solutions are necessary to prevent abuses in the creation of deadbots?
It is essential to introduce a registry and certification for high-risk services, as well as the institution of a digital personality will, in which a person specifies the scope of their data usage during their lifetime. The law should include a default ban on generative resurrection without explicit consent, a requirement to label simulations, technical audits, and institutional oversight of entities offering the interactive presence of the deceased.

🧠 Thematic Groups

Tags: deadbots digital remains Digital Afterlife Industry the informational body of a human thanatosensitivity griefbots predictive intimacy simulation of presence post-mortem image rights monetization of grief interactive archive generative AI in thanatology digital personality will digital recreation