Pennsylvania HB 2666: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in Commonwealth services, further providing for general authority of Governor.

Bill Text

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