Delaware Takes a Stand Against Deepfake Technology: New Legislation Regulates AI Usage in the State

In recent years, the use of deep fake technology has become a growing concern, and Delaware has taken steps to address this issue through legislation. The General Assembly in Delaware has passed two bills related to deep fake technology, marking some of the state’s first laws regarding artificial intelligence. These bills are a response to the growing threat of manipulated images and false information that can harm individuals and candidates in elections.

State Rep. Cyndie Romer sponsored House Bill 316, which creates a new election crime – the use of deep fake technology to influence an election. The bill states that distributing “deep fake” audio or visual depictions with the intent to harm a candidate or deceive voters within 90 days of an election is now a crime. This bill places responsibility on distributors of deep fakes, as identifying the creators can be extremely difficult and they may not even be located in the state or country.

Another bill introduced by State Rep. Krista Griffith, House Bill 353, provides civil penalties for distributing AI-generated images of individuals in the nude or engaging in sexual conduct. When such images involve a minor, criminal penalties apply. Griffith emphasizes the need to protect individuals from the harm caused by manipulated images and false information, especially when it comes to sensitive issues like sexual conduct and child exploitation.

These bills are just the beginning of what is expected to be more legislation related to data privacy and AI technology in Delaware in the future. As Griffith highlights, there are additional concerns related to bias and discrimination in hiring processes and criminal prosecutions involving AI that need to be addressed. Another bill passed by Griffith established the Delaware Artificial Intelligence Commission, which will provide recommendations to the General Assembly and Department of Technology and Information on AI usage within the state. This commission will help ensure that AI is used ethically and responsibly within Delaware’s borders.

Overall, these bills demonstrate Delaware’s commitment to protecting its citizens from the harmful effects of deepfake technology and artificial intelligence misuse. As other states follow suit, it is crucial that we continue to address these issues head-on through thoughtful legislation that balances innovation with ethical considerations.