Bill > HB306

This bill, titled the "Computer Communication Act," amends Title 6 of the Delaware Code to establish new rules for interactions with computer programs that simulate human conversation. It defines key terms like "Artificial Intelligence" (AI) as a machine-based system that generates outputs like predictions or content, "Avatar" as a computer-generated representation that interacts with consumers, and "Chatbot" as a program designed to simulate human conversation. The bill also clarifies what constitutes a "clear and conspicuous" disclosure, meaning it must be easily noticeable, understandable, and not contradicted by other information. The core provision makes it an unlawful practice for a person to engage in a commercial transaction with a consumer using computer technology, such as a chatbot or AI agent, that could mislead a reasonable person into believing they are interacting with an actual human, unless the person clearly and conspicuously notifies the consumer they are communicating with a computer. Consumers affected by this deceptive practice can sue, with potential penalties including actual and statutory damages up to $1,000 for individuals, or up to $10 million in class action lawsuits, and civil penalties of up to $5 million per cause of action, with each interactive session considered a separate violation. These remedies are in addition to any other legal options available.