Beyond Deepfakes: States Regulate Digital Replicas

Volume 89, sent February 13, 2026. State lawmakers are shifting their focus from regulating AI deepfakes to establishing comprehensive frameworks for commercially authorized digital replicas. When states first addressed AI two years ago, many quickly enacted political and sexual deepfake legislation. Now, lawmakers are turning to digital replica regulation, primarily by expanding name, image, and likeness protections in right of publicity laws. This year's legislative activity centers on extending post-mortem rights and introducing novel provisions, such as takedown requirements and mandatory legal counsel, that merit close attention. Read more.