Deep Fakes and AI in Delaware: New Laws Hold Creators Accountable and Protect Individuals from Harm

Delaware recently passed two bills that set penalties for the use of deep fakes, marking some of the state’s first laws related to artificial intelligence. One bill, House Bill 316 sponsored by State Rep. Cyndie Romer, establishes a new election crime related to the use of deep fake technology to influence an election. According to the statute, distributing deep fake audio or visual depictions intended to harm a candidate or deceive voters within 90 days of an election will now be considered a crime.

Romer emphasized the importance of this legislation, especially with videos of elected officials using deep fakes circulating. She mentioned that with two individuals from Delaware running for national office, the issue of deep fakes extends beyond just the state and becomes a national concern. The bill aims to hold distributors of deep fake content accountable, as identifying the creators can be a difficult task, especially if they are from out-of-state or overseas.

Another bill, HB 353 sponsored by State Rep. Krista Griffith, provides civil penalties for distributing AI-generated images of individuals in compromising positions, such as in the nude or engaged in sexual conduct. If the images involve minors, the penalties become criminal. Griffith highlighted the importance of protecting individuals, especially children, from manipulated images that can cause harm and distress.

Griffith also mentioned that there will be additional legislation addressing data privacy and AI technology, focusing on preventing bias and discrimination in processes such as hiring and criminal prosecutions involving AI. In addition to the bills, Griffith’s proposal to establish the Delaware Artificial Intelligence Commission was also approved by both chambers. The commission will provide recommendations on AI utilization within the state to