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H 388

An act relating to the protection of an individual’s digital replica

2025-2026 Regular Session Introduced by Monique Priestley

Vermont bill H 388 would protect a person’s digital replica by requiring consent for use, defining remedies for misuse, and regulating impersonation and deepfake exploitation.

Read first time and referred to the Committee on Commerce and Economic Development
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Bill Summary · H 388

Bill Overview

  • Bill: H 388
  • Session: 2025-2026
  • Jurisdiction: Vermont
  • Title: An act relating to the protection of an individual’s digital replica
  • Action history: Read first time and referred to the Committee on Commerce and Economic Development (2025-02-26)
  • Sponsor: Co-sponsor Monique Priestley

Purpose and Intent

The bill aims to protect an individual’s digital replica, addressing rights and remedies related to the creation, use, manipulation, and exploitation of a person’s digital likeness, identity, or other personalized digital representations. It seeks to provide a legal framework to prevent unauthorized or harmful use of a person’s digital replica and to establish enforcement mechanisms and remedies for violations.

Key Provisions and Changes

While the full text is not provided here, typical elements for a bill of this nature likely include:

  • Definition of a “digital replica”: A representation of an individual’s likeness, voice, or other identifiable digital characteristics created through data, AI, or other technologies.
  • Prohibited conduct: Unauthorized creation, use, sale, or distribution of someone’s digital replica; impersonation or fraud using a digital replica; or harmful manipulation (e.g., deepfakes) without consent.
  • Consent and licensing: Requirements for obtaining explicit, informed consent for use of a person’s digital replica; possible standards for consent duration, scope, and revocation.
  • Rights and remedies: Civil or administrative remedies for violations, including injunctive relief, monetary damages, and possible statutory penalties.
  • Exceptions and defenses: Legitimate uses such as parody, journalism, education, or research might be carved out with specific limitations.
  • Enforcement mechanisms: Role of state agencies, potential private rights of action, and statute of limitations.
  • Privacy and data protection alignment: Provisions aligning with existing Vermont privacy or consumer protection statutes, data security requirements, and breach notification where applicable.
  • Education and public awareness: Possible mandates for guidance, training, or public information campaigns about digital replica protections.

Who/What Would Be Affected

  • Individuals: Privacy and control over one’s digital likeness and voice representations.
  • Companies and creators: Firms developing or utilizing digital replicas, AI, deepfake technologies, and related services; providers of social media, advertising, entertainment, and digital identity solutions.
  • Consumers and the public: Users of digital media who may be affected by the creation or distribution of digital replicas.
  • Legal and regulatory landscape: Vests potential new enforcement pathways under state law, possibly influencing private sector compliance and evented litigation activity within Vermont.

Procedural and Timeline Considerations

  • Current status: Read first time and referred to the Committee on Commerce and Economic Development as of 2025-02-26.
  • Next steps: Committee review, potential hearings, amendments, and a report back to the chamber. If advanced, the bill would move through further readings, potential floor votes, and eventual enactment or veto considerations.
  • Cross-references: May interact with Vermont privacy, consumer protection, trademark, or IP-related statutes; monitor for any overlaps or preemption concerns with federal laws concerning digital rights and AI.

Practical Implications

  • For individuals, enhanced control over personal digital representations and clearer remedies in cases of misuse.
  • For businesses, clarity on permissible uses of digital replicas and required consent processes, potentially increasing compliance costs but reducing risk of enforcement actions.
  • For policymakers and courts, introducing a legal standard for evaluating harm, consent, and enforcement related to digital replicas.

If you’d like, I can tailor this summary to focus on specific sections once the bill text is available, or compare it with similar digital replica or deepfake statutes from other states.

Compiled from official sources — confirm details with the bill’s official record.

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