Comment by Ben Sheffner

It will take very careful drafting to accomplish the bill's goals without inadvertently chilling or even prohibiting legitimate, constitutionally protected uses of technology to enhance storytelling. I want to emphasize, this is technology that has entirely legitimate uses, uses that are fully protected by the First Amendment and do not require the consent of those being depicted. Take the classic 1994 film, Forrest Gump, which depicted the fictional Forrest character, played by Tom Hanks, navigating American life from the 1950's through the 1980's, including by interacting with real people from that era. Famously, the filmmakers, using digital replica technology available at the time, had Forrest interact and even converse with Presidents--or, should I say, former Senators--Kennedy, Johnson, and Nixon. To be clear, those depictions did not require the consent of their heirs. And requiring such consent would effectively grant heirs or their corporate successors the ability to censor portrayals they don't like, which would violate the First Amendment. Unverified source (2024)