An Act providing for limitations on the use of user data in the creation of artificial intelligence simulations and for private right of action; and imposing penalties.

PRINTER'S NO. 3701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2666
Session of
2026
INTRODUCED BY WAXMAN, FREEMAN, VENKAT, SANCHEZ, GALLAGHER, HILL-
EVANS, KHAN, PROBST, CEPEDA-FREYTIZ, MERSKI, PARKER AND
CURRY, JUNE 24, 2026
REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
JUNE 24, 2026
AN ACT
Providing for limitations on the use of user data in the
creation of artificial intelligence simulations and for
private right of action; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Digital
Afterlife Consent and AI Identity Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"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:
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(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.
"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.
"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.
"Extended inactivity." A continuous period of no user login
or verified interaction for a five-year period.
"Generative artificial intelligence." The class of models
that emulates the structure and characteristics of input data in
order to generate derived synthetic content.
"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.
"Post mortem simulation." The generation of content,
interaction or communication by artificial intelligence that
purports to originate from or represent a deceased individual.
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"Synthetic content." Information that has been significantly
modified or generated by algorithms, including by artificial
intelligence such as images, videos, audio clips or text.
"User." An individual who resides in this Commonwealth and
maintains an account on a digital platform.
Section 3. Requirement of explicit opt-in consent.
(a) Requirements.--A digital platform may not deploy
artificial intelligence simulation of a user after death or
extended inactivity unless:
(1) The user 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 simulation; and
(iii) whether private communications may be used.
(3) The digital platform has informed the user in plain
language of how the user's data will be used and whether the
AI system will continue public posting digital platform
content, private messaging or interactive engagement.
(b) Revocation and expiration.--Consent under this section
must be revocable at any time and expires two years after the
user's date of death unless renewed by the user's estate.
Section 4. Default prohibition.
Absent explicit opt-in consent under section 3(a)(1), a
digital platform shall:
(1) disable artificial intelligence simulation of the
user;
(2) refrain from generating content that appears to
originate from the user; and
(3) clearly mark the account as inactive or
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memorialized, if applicable.
Section 5. Estate and digital executor rights.
(a) 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) Override.--No digital platform may override a valid
estate directive under this section.
(c) 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 representative shall be considered an
authorized representative to make decisions relating to the
user's digital platform account.
Section 6. Transparency and labeling requirements.
(a) Labeling.--A digital platform shall include a disclosure
with any content generated by an artificial intelligence
simulation that includes all of the following criteria:
(1) The disclosure identifies digital content as
artificial intelligence.
(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:
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(i) The name and version number of the artificial
intelligence simulation 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) Failure to label.--Failure to label artificial
intelligence simulation in accordance with subsection (a)
constitutes a violation of this act.
Section 7. Prohibition on commercial exploitation without
separate consent.
A digital platform may not monetize, advertise or
commercially exploit post mortem simulations 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 user's date of death unless renewed by the
user's estate.
Section 8. Enforcement.
(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
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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.
Section 9. Intellectual property rights.
Digital platform accounts belonging to a user 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).
Section 10. Effective date.
This act shall take effect in one year.
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