A.I. and Grief: When Technology Meets Mourning

“Hi, Darling. I miss you. How was your day?” What would it be like to hear your loved one speaking to you after their death? Or more importantly, would you want your own voice and likeness to be experienced or remembered after your death? Maybe it would be comforting to some and creepy to others. At the end of 2021, I listened to a podcast episode from This American Life entitled "The Ghost in the Machine."

It was three stories focused on the intersection between technology and grief. Generally, the episode provided the hopeful use of technology to support and bring connection to individuals. And surprisingly, it was more hopeful than eerie. A lot has changed as A.I. afterlife technology has become increasingly ubiquitous. Along with these changes is the need to consider moral and ethical implications, authenticity and consent, and privacy and data security. Maybe we should be considering these things for our own legacies now, rather than leaving these decisions to our loved ones. Because as we all can agree, science fiction is becoming less fiction these days.

What Are Griefbots and Death Avatars?

How Griefbots Use A.I. and Personal Data...

Griefbots—essentially A.I. ghosts created using large language models that rely on a deceased person’s data such as videos, audio, photos— bring moral and ethical dilemmas. This was explored in the unnerving 2024 documentary Eternal You.

In it, Canadian writer Joshua Barbeau brings his deceased fiancé back to life using the controversial platform Project December. The documentary explores the question of using digital afterlife technology and the disturbing and sad results that it can bring.

Emotional and Psychological Impacts on Families

Some argue that griefbots help loved ones to process emotions, while others caution that these griefbots, also known as death avatars, can delay closure. Whichever position we may take, this technology is here, and it is only becoming more common.

The Rise of A.I. Memorials and Digital Resurrection

The Case of Chris Pelkey and Courtroom A.I.

"I'm a version of Chris Pelkey recreated through A.I. that uses my picture and my voice profile…It is a shame we encountered each other that day in those circumstances. In another life, we probably could have been friends.” In May 2025, this simulated version of Chris Pelkey delivered the victim impact statement in the sentencing hearing for the man who had fatally shot him. This unprecedented moment is reshaping legal norms. What I found interesting was that the victim’s entire family chose to create this avatar, with his sister saying, “I couldn’t help but hear his voice in my head saying what he would have said.”

Authenticity, Consent, and the Risk of Misuse

In this case, the victim’s family used this technology to honor the deceased, instead of altering the avatar’s message for their own agenda. In other words, it was made in good faith. Maintaining and respecting the authenticity of the deceased’s identity should be a priority but one that may be difficult as the boundaries of A.I. use in the courtroom increases and can result in ill intent.

Legal Gaps in Posthumous Privacy Protection

Current Laws on Posthumous Privacy in the U.S

Unlike individuals like Scarlett Johansson, who are alive and have numerous avenues of legal recourse, the identities and digital property of the deceased bring the question of the legal rights of privacy. Currently in the United States, there are NO federal laws that provide post-mortem privacy protection. The Privacy Act of 1974 only extends to the living. State level laws vary and do not extend clear privacy rights beyond property.

Digital Privacy After Death: What Are Your Rights?

This should bring a chill to all of us as 63.9 percent of the world's population uses social media: a storehouse of data that can be used without our consent after we have died to create A.I. likenesses.

Social platforms have varied policies:

• Facebook : Offers “Legacy Contacts” to manage your account after death
• Instagram : Requires proof of death to memorialize or delete the account
• Others: Auto-delete inactive accounts after ~90 days

Talk with loved ones now about:

• Who can access your accounts
• Whether you want your data deleted or preserved
• Including digital assets in your will or trust

Having conversations about your privacy with loved ones ahead of time will not only make things easier, but it will bring clarity to what you really want, so they’re not left guessing. The American Bar Association encourages that your will and power of attorney include access to those who you wish to be your legal representatives or prohibit those you wish to not have access.

Preparing Your Digital Legacy: What to Consider

Ask yourself:

• What stories do I want to share with my loved ones?
  
• How do I want to be remembered?
  
• Do I want to create a digital message or goodbye?
• Who should have access to my digital accounts?

Maybe it’s time we take control of not only our lives but our death and afterlife, too. I’m going to get my story, plans, and goodbyes done the way I want them and handle legal matters while I’m still here. And this might be the best gift and remembrance I can offer to my loved ones.

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