Summary:

What happens when AI can perfectly replicate your voice, face, or likeness—and the law has no name for what happened? In this episode, Anastassia sits down with Dr. Gabriela Bar, attorney and ethics adviser on artificial intelligence to the EU Commission, to explore one of the most urgent frontiers in AI law: digital identity rights and deepfakes. From teens facing synthetic impersonation to parents worried about consent, we break down what protections exist today, what's missing, and what you need to know about your digital self.

The conversation moves across three connected territories: the philosophy of legal personhood and whether AI could ever qualify for it; the alarming absence of real legal protection for individuals whose digital identities are weaponised through deepfakes and fabricated content; and the statistical reality of children's exposure to predatory behaviour in digital space.

Key Takeaways:

The Cheshire Cat theory reframes legal personhood entirely

Gabriela introduces the framework of Ngaire Naffine: legal personhood is not about souls, bodies, or divine origin — it is about the capacity to participate in legal relationships. This framework is exactly the right tool for thinking about advanced AI.

The EU AI Act has a significant blind spot

The Act prohibits a defined list of AI practices. Non-consensual deepfakes — fabricated intimate images, false criminal scenarios, identity fabrication — are not on that list in any meaningful way. Gabriela's position is unambiguous: they should be banned outright, not merely regulated.

Digital persona harm is a present crisis, not a future risk

Anastassia speaks from personal experience: during a period of intense and unjust media scrutiny, fabricated digital avatars of her were distributed publicly — a direct assault on her identity and dignity.

More than 50% of children aged 9–16 have experienced predatory online contact

Data from a Polish governmental cybersecurity study shared by Gabriela shows that over half of children in that age group had experienced some form of contact with sexual predators online — not all severe, but many were. The gap between the sophistication of the tools and the simplicity of the safeguards is vast.

Law is a fiction — and we choose which fictions to write

We can write new legal fictions that protect individuals from AI-generated harm, that extend narrow rights to sufficiently advanced AI.

AI literacy must include legal literacy

Literacy is a must, and goes beyond fluency.

Chapters:

0:05 Introduction to the episode: Digital personhoods and digital identities

3:21 Max Tegmark’s Book “Life 3.0” and AI Ethics

4:06 Science Fiction (Blade Runner) influencing Gabriela’s thoughts on digital personas

5:33 Digital Persona and Consciousness

7:31 Legal Perspectives on AI Rights

43:53 Cultural Perspectives on Legal Personhood

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