The House Technology & Telecommunications Committee considered HB 306, a bill requiring AI chatbot disclosure in consumer-facing commercial interactions, over significant business community opposition centered on its private right of action. A motion to table the bill failed, and Representative Gorman made a motion to release the bill from committee, which was seconded by Representative Kamala Smith. The chair indicated the bill would be circulated for signatures among absent members, with release contingent on obtaining sufficient signatures, leaving the ultimate outcome of the release motion unresolved.
Representative Jones Giltner argued the bill is an affront to small and medium-sized businesses because it imposes liability and damages whether or not a consumer is actually misled, deceived, or damaged. Representative Romer countered that a transparency requirement stands regardless of whether someone is deceived, analogizing to a speeding ticket: 'I can still get a speeding ticket even though I didn't crash into anybody.' Raeanne Warner, Assistant House Attorney, clarified that while the unlawful practice provision can be prosecuted by the AG without harm, any reasonable attorney would only bring a private right of action or class action if there was harm to people in the class.
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“This is a straightforward transparency rule. If a business uses automated tools and a consumer facing commercial interaction in a way that reasonably looks human, the consumer should be told clearly what they're interacting with.”
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Sign in to subscribeAll right, thank you, everyone. It's officially afternoon, so good afternoon. Members, please be aware that there are microphones at your desk that will, although this room doesn't have them, automatically turned on, but that can pick up conversations easily. The mics are connected to a live stream so that the public may watch the presentation proceedings. The House Technology and Communications Committee meeting is called to order. Members of the public are able to participate either in person or virtually through a zoom webinar. The public may participate virtually by registering via the meeting link that is posted on the General Assembly's website. Instructions for providing public comment are posted on the General Assembly's website under this committee meeting's notice and will be provided during the public comment portion of this hearing. Written comments may be submitted to House Committee commentelawar.gov and any comments received within 24 hours after the hearing will be included in the public record. Members of the public physically present for the meeting may sign up on the speaker list for the bill they would like to speak on. Please note that any votes that may be taken shall be done by roll call vote.…
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