New Delaware Laws Address Growing Concerns of Deep Fake Technology and Manipulated Images

In Delaware, two bills related to deep fake technology have been passed by the General Assembly, marking some of the state’s first laws regarding artificial intelligence. These bills were sponsored by State Rep. Cyndie Romer and State Rep. Krista Griffith, who emphasized the need to address the growing concern of manipulated images and false information caused by deep fakes.

House Bill 316, sponsored by Romer, 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. Romer highlighted that this issue extends beyond Delaware, with elected officials across the nation being targeted by deep fakes.

Griffith introduced HB 353, which 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 emphasized the need to protect individuals from the harm caused by manipulated images and false information. She also raised concerns related to data privacy and AI technology, including addressing bias and discrimination in hiring processes and criminal prosecutions involving AI.

Additionally, 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 in Delaware, protecting individuals from potential harm caused by manipulated images and false information.