Meta’s patent details AI to post for inactive or deceased users; consent and regulatory risks in Meta AI patent, digital afterlife, post-mortem privacy.Meta’s patent details AI to post for inactive or deceased users; consent and regulatory risks in Meta AI patent, digital afterlife, post-mortem privacy.

Meta Platforms secures AI patent as post-mortem use debated

2026/02/17 09:56
3 min read

Meta AI patent simulates posts by learning past activity patterns

Meta has been granted a patent for an AI system that can simulate a user’s social media activity, including continuing to post or message from accounts that are paused or belong to deceased individuals, as reported by Dexerto (https://www.dexerto.com/entertainment/meta-patents-ai-that-takes-over-a-dead-persons-account-to-keep-posting-and-chatting-3320326/). The filing describes an approach that models historical behavior, posts, messages, and other interaction signals, to generate future updates in the user’s style.

In practice, such a system would learn past activity patterns to author posts or replies that resemble the person’s tone and cadence. It could be triggered by prolonged inactivity or death, with outputs framed as continuity of the user’s online presence rather than a live interaction.

Why it matters: consent, grief, privacy, and misrepresentation risks

The digital afterlife raises questions that extend beyond product design. Core issues include who grants consent for post-mortem use of data, how ongoing posts might affect grief, whether private messages and sensitive content are in scope, and how to prevent misrepresentation that confuses an AI simulation with the person themselves.

From a legal standpoint, post-mortem privacy and personality rights remain unsettled. According to the University at Buffalo (https://www.buffalo.edu/ubnow/spotlight.host.html/content/shared/university/news/expert-tipsheets/2024/ai-copyright-law-expert-mark-bartholomew.detail.html), law scholar Mark Bartholomew argues that existing rules on reputation, privacy, and consumer protection may be insufficient as AI can emulate the living presence of the deceased with high fidelity across jurisdictions that treat these rights differently.

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Ethical frameworks suggest safeguards that can translate into policy and product requirements. A 2025 paper by Giovanni Spitale and Federico Germani on arXiv (https://arxiv.org/abs/2511.20094) outlines design principles for “digital ghosts,” emphasizing premortem intent, limited and clearly disclosed data use, transparency labels, restricted access, and family or estate oversight to reduce risks of harm and deception.

Academic specialists say the debate extends beyond compliance checklists to fundamental questions about identity and dignity. “It touches on not just legal issues, but a lot of very important social, ethical, and deeply philosophical issues as well,” said Edina Harbinja, a digital rights scholar at the University of Birmingham, as reported by Financial Express (https://www.financialexpress.com/life/technology-till-death-doesnt-do-us-part-meta-patents-ai-that-can-simulate-your-social-media-activity-after-your-death-4142804/). She also cautions that commercial incentives, more engagement and more data, could conflict with user welfare if not constrained by explicit consent and disclosure.

Meta’s statement: patent granted does not mean product

Meta has indicated that a granted patent does not signal an active plan to build or ship the system; the company framed the filing as exploratory, as reported by Business Insider (https://www.businessinsider.com/meta-granted-patent-for-ai-llm-bot-dead-paused-accounts-2026-2). The same report notes the patent was filed in 2023, granted in late December 2025, and lists CTO Andrew Bosworth as the primary inventor.

Any real-world deployment, if pursued, would likely hinge on documented, premortem consent; clear labeling of AI-generated content; narrow, purpose-limited data use; and oversight by families or estates. These conditions aim to balance innovation with post-mortem privacy, reduce the risk of grief-related harm, and prevent misrepresentation of digital identities.

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