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Digital Cloning of the Dead: Exploring the Optimal Default Rule

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  • Iwasaki Masaki

    (Seoul National University School of Law, Seoul, The Republic of Korea)

Abstract

We conducted a survey experiment in the U.S. to analyze how the consent or dissent of a deceased individual influences the social acceptability of digital resurrection. The results showed a substantial relative treatment effect of consent versus dissent, with a 2-point difference in acceptability on a 5-point scale. When the deceased had consented, 58 % of respondents viewed digital resurrection as socially acceptable, whereas this number was only 3 % when the deceased had dissented. These findings suggest that relevant legal regulations should respect the decision of the deceased. Our study then explored the optimal default rule using observational research: 59 % of respondents were against the idea of their own digital resurrection. An opt-in rule seems socially desirable, where the default is the prohibition of digital resurrection, and exceptions allow it only with consent from the deceased.

Suggested Citation

  • Iwasaki Masaki, 2024. "Digital Cloning of the Dead: Exploring the Optimal Default Rule," Asian Journal of Law and Economics, De Gruyter, vol. 15(1), pages 1-29, April.
    • Handle: RePEc:bpj:ajlecn:v:15:y:2024:i:1:p:1-29:n:3
    DOI: 10.1515/ajle-2023-0125
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    More about this item

    Keywords

    digital clone; digital resurrection; deep learning; large language model; default rule;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law
    • L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software

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