DOVER — As the presence of artificial intelligence continues to rise, Delaware lawmakers are working to get ahead of the curve on how to regulate the technology.
One proposal, led by Rep. Krista Griffith, D-Fairfax, works to address the rising number of instances where the technology is used to depict individuals in a sexual manner without their consent.
This use of artificial intelligence is referred to as “deep fakes,” and according to the legislation – House Bill 353 – the term relates to synthetic media that shows a real individual saying or doing something that did not actually occur.
“The use of artificial intelligence has its pros and its cons, and as we've seen in news accounts throughout this country, and unfortunately, in our state, artificial intelligence can be used for nefarious purposes, particularly when it's used to injure individuals by sharing intimate images or what may look like them against an individual's wishes,” Rep. Griffith told lawmakers during Wednesday's House Judiciary Committee meeting.
Under the legislation, two classes of crime would be created for individuals who produce a deep fake of an individual. When an adult creates an image depicting a minor engaging in sexual conduct, they would be subject to a felony, while minors would be subject to a misdemeanor for committing the crime.
The bill also provides civil and criminal remedies for the victim of these crimes under the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act and the state’s violation of privacy laws.
During discussion on the bill, lawmakers Rep. Jeff Spiegelman, R-Clayton, and Rep. Cyndie Romer, D-Newark, expressed their concerns with the rising number of instances where deep fakes are used maliciously and the urgency in which state governments need to address the issue.
The legislators referenced how the manipulative technology could be used to depict public figures or even influence elections, something Rep. Romer is attempting to address with House Bill 316. The legislation would create a new election crime for the use of deep fakes within 90 days of an election.
Since there was no debate on the merits of the bill, lawmakers turned their attention to the public comment portion of the meeting, where the first speaker was 17-year-old Amelia Kramer, a victim of this type of deep fake manipulation when she was 15.
“To hear that someone had taken images of my face and created graphic images I knew nothing about and had not consented for, and then posted them on the internet for creeps, pedophiles and predators to use made my skin crawl,” she said.
“As AI becomes more accessible and better at creating more realistic and therefore possibly graphic images and videos, it is imperative that the laws be put in place to protect innocent people, especially children and teens, so that predators can be held accountable in the court of law and so victims no longer feel powerless.”
Following the public comment portion of the meeting, lawmakers unanimously voted to release House Bill 353 from committee. It now heads to the ready list for consideration on the House floor.
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