The Biggest Questions About AI
The map · 4 Power · 4.5 Ownership, openness, access, and rights · 4.5.5

Privacy and identity

Who controls an individual's data, voice, likeness, writing style, preferences, memories, and behavioral model?

Digital replicas have outpaced likeness law, and behavioral models of individuals raise questions consent frameworks weren't built for: you can decline to share data and still be modeled.

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What changed
October 2025–August 2026 · swept August 3, 2026 · editorial review pending
01

Identity rights advanced on two fronts while conversational privacy retreated on a third: the NO FAKES Act cleared Senate Judiciary unanimously — the furthest a federal digital-replica right has advanced — Denmark pushed likeness-copyright across the EU, and a court ordered 20 million user chat logs produced in litigation discovery, establishing that conversations users 'voluntarily submitted' get weaker protection than wiretap material.

Recent thinking
4 featured from 7 tracked · October 2025–August 2026 · all 7 chronologically →
Kirsten Donaldson · Holland & Knight · 22 Jun 2026 news
Senate Committee Advances Bill to Protect Name, Image, Likeness and Voice Against Unauthorized AI Use
The bill would create a new federal intellectual property right giving every individual the right to control how their likeness is used in digital replicas.

Tracks the revised NO FAKES Act through unanimous Senate Judiciary approval in June 2026 — the furthest a federal digital-replica right has ever advanced.

Andrew R. Lee · The National Law Review · 6 Jan 2026 essay
OpenAI Loses Privacy Gambit: 20 Million ChatGPT Logs Likely Headed to Copyright Plaintiffs
OpenAI must now produce 20 million de-identified ChatGPT logs to both news plaintiffs and class plaintiffs.

Analyzes the order compelling production of 20 million user conversations in the copyright MDL — establishing that chats users 'voluntarily submitted' get weaker protection than wiretap material, a landmark for conversational privacy.

Dane Stuckey · OpenAI · 12 Nov 2025 essay
Fighting the New York Times' invasion of user privacy
Your private conversations are yours—and they should not become collateral in a dispute over online content access.

The primary document in the chat-logs privacy fight: OpenAI's CISO publicly framing litigation discovery as a user-privacy invasion, which anchored the subsequent debate over who actually controls conversational data.

Giovana Fleck · TechPolicy.Press · 7 Oct 2025 news
Denmark Leads EU Push to Copyright Faces in Fight Against Deepfakes
If we don't protect the right holders, and if every citizen is able to either deepfake or copy the arts and the works of people, you take the livelihood away from the artistic community.

Covers Denmark's novel move to give individuals copyright in their own likeness and its push to spread the model across the EU — including critics' worry that propertizing the body sets its own troubling precedents.

Additional relevant discussion (3)
Two Newly Enacted New York Laws Will Regulate Certain AI-Generated Images — Levi, Ghaemmaghami & Kastelic · Skadden · 14 Jan 2026
We're sleepwalking into an AI surveillance dystopia — James Ball · Transformer (Shakeel Hashim) · 25 Aug 2026
Foundational reading (2)Rethinking Privacy in the AI EraKing & Meinhardt, Stanford HAI · 2024Copyright and AI, Part 1: Digital ReplicasU.S. Copyright Office · 2024
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