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Federal Efforts: Proposed Identity Protection Laws


By: Tres Rivers
Investigative Journalist

AUSTIN, TX—As generative Artificial Intelligence (AI) makes creating hyper-realistic "deepfakes" of anyone’s face, voice, and body data easier than ever, nations worldwide are scrambling to update laws that are decades behind the technology. The conversation has gained new urgency following a radical proposal in Denmark: to grant every citizen full copyright-like ownership of their personal likeness, effectively treating one’s identity as digital property.
This revolutionary concept is challenging traditional U.S. laws, prompting legislators from Capitol Hill to the Texas State Capitol to act.
The Global Shift: Identity as Intellectual Property
The Danish proposal is not just a privacy measure; it is a fundamental re-imagining of digital rights. By making personal likeness a property right, the law aims to give citizens the ultimate legal weapon: the right to sue for unauthorized use of an AI-generated replica, demand its immediate removal, and seek compensation, even without proving malicious intent or damage to reputation.
"The technology has overtaken the law," stated Danish officials, acknowledging that the rise of deepfakes—from political manipulation to malicious personal exploitation—requires a legal framework that is both proactive and comprehensive.
Texas and the U.S. Fight Back
While the U.S. framework relies on a mix of federal Copyright Law and state-level Right of Publicity laws, the current protections are often patchwork and insufficient against modern AI.
Texas: A Pioneer with the "Digital Replication Right"
Texas has positioned itself at the forefront of state-level action. Recent legislative efforts, including the foundation laid by bills like SB 1960, already recognize an individual's "Digital Replication Right" over their voice and visual likeness as an inheritable property right.
Key Features of the Texas Approach:
Property Status: The law establishes the right to authorize the use of one’s likeness in a digital replica as a licensable property right.
Postmortem Protection: The right is inheritable and survives the individual's death for a period of time.
Civil Remedies: It allows for legal action and mandates mechanisms for the expedited removal of unauthorized deepfakes by online service providers.
However, advocates are urging Texas lawmakers to further strengthen this law to achieve the broad, blanket coverage proposed by Denmark—ensuring protection for all citizens' biometric data and likenesses against any non-consensual AI replication, regardless of the use case (commercial or otherwise).
Federal Efforts: The NO FAKES Act
On the federal level, bipartisan bills like the "NO FAKES Act" have been introduced in Congress. This legislation seeks to establish a nationwide federal property right over an individual's digital replica, streamlining protections that currently vary state by state. The goal is to create a unified national standard that would hold creators and platforms accountable for the unauthorized use of AI-generated likenesses.
The Urgency of Ownership
Experts agree that defining identity as property is crucial in the AI era. As machine learning algorithms become capable of generating undetectable forgeries, the potential for fraud, identity theft, and personal manipulation grows exponentially.
The convergence of global regulatory proposals and U.S. legislative action suggests that the days of passively relying on outdated privacy laws may be over. The new battleground for digital autonomy is not just about what data is collected, but who owns the very essence of who we are—our faces, our voices, and our presence—in the age of intelligent machines.
Call to Action: Concerned Texans are encouraged to contact their State Representatives and Senators to advocate for the expansion and strengthening of Texas's Digital Replication Right to ensure comprehensive identity protection from generative AI.

SAMPLE LETTER YOU CAN USE OR RECREATE AND SEND 

Subject: URGENT: Strengthening Texas Law to Protect Identity as Property in the Age of AI

​Dear Representative/Senator [Last Name],

​As your constituent and a concerned Texan, I am writing to urge you to champion and support legislation that comprehensively protects the identity and likeness of all Texas citizens from unauthorized replication by generative Artificial Intelligence (AI).

​Texas has been a national leader in this area, particularly with laws recognizing a "Digital Replication Right." However, to fully safeguard our citizens in the rapidly evolving digital landscape, we must expand and strengthen this right.

​The recent proposal in Denmark to grant every citizen full ownership (a property right) over their face, voice, and body data—ensuring no AI system or company can replicate or use these without explicit consent—serves as a model for the comprehensive protection we need here in Texas.

​My Requested Legislative Action:

​I ask that you take the lead in strengthening Texas law to accomplish the following goals:

  1. ​Explicitly Define Identity as Property: Officially establish an enforceable, state-level property right for every Texas citizen over their voice, visual likeness, and biometric data. This goes beyond existing commercial use restrictions and recognizes that our core identity is a valuable asset we alone should control.
  2. ​Ensure Comprehensive AI Protection: Amend existing statutes, such as the Digital Replication Right, to explicitly cover all forms of AI-generated replicas ("deepfakes"), ensuring that unauthorized creation or distribution is actionable regardless of whether it is for commercial profit or malicious non-commercial use.
  3. ​Establish Clear Remedies: Ensure that the law grants individuals clear and substantial remedies, including the right to demand immediate takedown of unauthorized content and the ability to recover damages without having to prove explicit monetary harm.

​The rise of sophisticated generative AI poses an unprecedented threat to individual privacy, reputation, and autonomy. Texas has the opportunity to set a new, high standard for identity protection in the United States.

​Thank you for your time and for your commitment to protecting the rights and assets of your constituents. I look forward to hearing about your plans to address this critical issue in the next legislative session.

​Sincerely,

​________________


Subject: URGENT: Strengthening Texas Law to Protect Identity as Property in the Age of AI

​Dear Representative/Senator [Last Name],

​As your constituent and a concerned Texan, I am writing to urge you to champion and support legislation that comprehensively protects the identity and likeness of all Texas citizens from unauthorized replication by generative Artificial Intelligence (AI).

​Texas has been a national leader in this area, particularly with laws recognizing a "Digital Replication Right." However, to fully safeguard our citizens in the rapidly evolving digital landscape, we must expand and strengthen this right.

​The recent proposal in Denmark to grant every citizen full ownership (a property right) over their face, voice, and body data—ensuring no AI system or company can replicate or use these without explicit consent—serves as a model for the comprehensive protection we need here in Texas.

​My Requested Legislative Action:

​I ask that you take the lead in strengthening Texas law to accomplish the following goals:

  1. ​Explicitly Define Identity as Property: Officially establish an enforceable, state-level property right for every Texas citizen over their voice, visual likeness, and biometric data. This goes beyond existing commercial use restrictions and recognizes that our core identity is a valuable asset we alone should control.
  2. ​Ensure Comprehensive AI Protection: Amend existing statutes, such as the Digital Replication Right, to explicitly cover all forms of AI-generated replicas ("deepfakes"), ensuring that unauthorized creation or distribution is actionable regardless of whether it is for commercial profit or malicious non-commercial use.
  3. ​Establish Clear Remedies: Ensure that the law grants individuals clear and substantial remedies, including the right to demand immediate takedown of unauthorized content and the ability to recover damages without having to prove explicit monetary harm.

​The rise of sophisticated generative AI poses an unprecedented threat to individual privacy, reputation, and autonomy. Texas has the opportunity to set a new, high standard for identity protection in the United States.

​Thank you for your time and for your commitment to protecting the rights and assets of your constituents. I look forward to hearing about your plans to address this critical issue in the next legislative session.

​Sincerely,

​-----YOUR NEXT STEP-----

You can find your specific Texas State Representative and State Senator, along with their contact information, by using the official Texas Legislature tool:
Texas Legislature: Who Represents Me?
Website Link: https://wrm.capitol.texas.gov/
How to Use:
Click the link above.
Enter your home address.
The system will generate the names and links to the official legislative pages for your State Representative and State Senator (and other officials).
These pages contain the most current official phone numbers, office addresses (both in Austin and in the district), and links to their contact forms for sending emails.
Once you have that information, you can use the draft letter I provided to advocate for stronger AI identity protection in Texas. Good luck!


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