The law of digital afterlife: the Chinese experience of AI 'resurrection' and 'grief tech'.

This article examines the private law and regulatory challenges associated with AI "resurrection," a practice that creates digital replicas of deceased individuals to simulate their appearance, voice, and personality for interaction with the living. Focusing primarily on China—where this technology and its commercialization are most advanced—the article explores the legal status of the deceased's portrait right under Chinese Civil Code provisions, highlighting that close relatives have the right to seek remedies if the deceased's likeness is used without consent. It also addresses regulatory frameworks governing personal information protection, deep synthesis ("deepfake") technology, and generative AI services, emphasizing obligations for service providers to obtain consent, ensure data security, and disclose AI-generated content. The article situates AI resurrection within the broader fields of "grief tech" and "death tech," noting its potential to offer solace while underscoring the need for careful legal and ethical oversight to balance the interests of the deceased, their families, and society.