HB 353 would expand protections for victims of unauthorized image disclosures
DOVER – Legislation that recognizes and addresses emerging threats from developing technology cleared a House Committee Wednesday.
Sponsored by Rep. Krista Griffith, HB 353 would provide civil and criminal remedies for the wrongful disclosure of deep fakes that depict individuals in the nude or engaging in sexual conduct.
A “deep fake” is a form of synthetic media that appears to depict a real individual saying or doing something that did not actually occur.
It has the power to give someone a fundamentally different understanding or impression of the appearance, action, or speech of the individual than they would have gotten from an unaltered, original version of the image, audio recording, or video recording.
“Delawareans should not have to live in fear that their image will be used in such a nefarious way,” said Rep. Griffith.
“While AI technology has the potential to have a positive impact on multimedia affairs, it also has the potential to have devastating effects on one’s reputation and mental health. We can’t always stop these bad acts, but we can make sure the individuals doing them face consequences for their actions.”
In addition, the bill would also create more severe penalties for adults who create visual depictions of minors in a sexual manner. Rather than a misdemeanor prosecution, the adult would be subject to a felony prosecution.
“The capability of technology is changing fast and our laws must keep pace to prevent bad actors from using these new tools from being used to harm reputations and destroy lives,” said Sen. Stephanie Hansen, the Senate prime sponsor of House Bill 353.
“This legislation will protect Delawareans by creating civil and criminal penalties for the dissemination of sexually explicit, artificially generated images and videos, commonly called deep fakes. I am confident this bill will make Delaware safer by finding a common-sense balance between free market technology and the need of all Delawareans to protect their privacy.”
If passed, Delaware would join at least 10 other states in enacting deep fake legislation aimed at protecting constituents from nonconsensual use of their image.
HB 353 builds off of Rep. Griffith’s work in helping to make sure Delawareans are protected from the potential dangers stemming from the rapid adoption and utilization of Artificial Intelligence (AI).
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