HB 306 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE REGARDING COMMUNICATION WITH A COMPUTER.

Romer HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Townsend TOReps. HOUSE BILL NO.

306Berry, AMENDGorman, HouseGriffith, BillMorrison, No.Harris;

306Sens. on line 30 by inserting “(a)” before “It” therein.

FURTHERSokola, AMENDWalsh HouseHOUSE BillOF No.REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.

306 afterAN lineACT 38TO andAMEND beforeTITLE line6 39OF byTHE insertingDELAWARE theCODE following:REGARDING COMMUNICATION WITH A COMPUTER.

“(b)BE AIT personENACTED isBY inTHE complianceGENERAL withASSEMBLY thisOF section,THE ifSTATE atOF theDELAWARE: beginning of each interactive session, the person states, in a clear and conspicuous manner, “You are interacting with a computer, not a human.””.

SYNOPSISSection This1. Amendment to House Bill No.

306Amend providesTitle a6 safe harbor, which provides that a person is not in violation of the ActDelaware if,Code atby themaking beginningdeletions ofas eachshown interactiveby session,strike thethrough person states, in a clear and conspicuousinsertions manner,as “Youshown areby interactingunderline withas afollows: computer, not a human.” HD :

Chapter 25N.

Computer Communication Act § 2501N.

Definitions.

For purposes of this chapter:

(1) “Artificial Intelligence” or “AI” means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate output such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

Different AI systems vary in levels of autonomy and adaptiveness after deployment.

(2) “Avatar” means a computer-generated entity or visual or auditory representation, including a digital character or synthetic voice, that communicates or otherwise interacts with a consumer on behalf of a person, business, or automated system, including by simulating a persona, identity, or physical presence.

(3) “Chatbot” means a computer program designed to simulate conversation with a human user, especially over the internet.

(4) “Clear and conspicuous” means, with respect to a disclosure, that the disclosure meets the following criteria:

a.

For any content that is solely textual or solely aural, the disclosure must be made through the same means through which the content is presented.

b.

For any content that is both textual and aural, the disclosure must be textual and aural.

c.

A textual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, must stand out from any accompanying text or other visual element so that the disclosure is easily noticed, read, and understood.

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An aural disclosure must be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure.

e.

The disclosure must not be avoidable.

f.

The disclosure must use diction and syntax understandable to a reasonable person.

g.

The disclosure must not be contradicted or mitigated by, or inconsistent with, anything else in the communication.

§ 2502N.

Deceptive computer communication trade practice.

It is an unlawful practice, whether or not a consumer is misled, deceived, or damaged as a result, for a person to engage, or attempt to engage, in a commercial transaction with a consumer when all of the following occur:

(1) The consumer is communicating or otherwise interacting with computer technology, including a chatbot, artificial intelligence agent, or avatar, that engages in a textual or aural conversation and may mislead or deceive a reasonable person to believe they are engaging with an actual human.

(2) The circumstances of the communication or interaction may cause a reasonable person to believe that person is engaging with an actual human.

(3) The person fails to notify the consumer in a clear and conspicuous manner that the consumer is communicating with a computer and not a human being.