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Delaware has recently passed two bills related to deep fake technology, marking some of the state’s first laws regarding artificial intelligence. House Bill 316, sponsored by State Rep. Cyndie 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 emphasizes that this issue extends beyond Delaware, with elected officials across the nation being targeted by deep fakes.

State Rep. Krista 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 emphasizes the need to protect individuals from the harm caused by manipulated images and false information. She also highlights additional concerns related to data privacy and AI technology, including addressing bias and discrimination in hiring processes and criminal prosecutions involving AI.

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. As more legislation is expected in the future, Griffith emphasizes that it is important to address these issues proactively and work towards creating a safer and more secure online environment for all residents of Delaware.

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