Law / United States / 
Delaware
House Bill 306 (pending), Computer Communication Act
H.B. 306, 153rd General Assembly (introduced ; pending Senate committee)
Before the second chamber, dated , as of .
An AI transparency rule binding private bodies.
- Obligation class
- Disclosure
- Audit expectation
- none
Where it has got to
The text described here is House Bill 306 as introduced, . That print is HB 306, published .
Locally, this stage is Senate Banking, Business, Insurance and Technology Committee.
The stage above is recorded at legis.delaware.gov.
Passed the House and referred to the Senate Banking, Business, Insurance and Technology Committee on , where no vote has been taken. Delaware publishes House amendments as separate documents, so the text as introduced does not reflect them.
What it requires
- Before completing a commercial transaction with a consumer who interacts with computer technology, notify the consumer if a reasonable person in their position would otherwise believe they were dealing with an actual human being.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- NIST AI 600-1
- GAI-RISK-07Human-AI Configuration
- GAI-RISK-08Information Integrity
- MIT mitigations Draft
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Civil penalty ceiling in section 2503N(c) of the bill: a civil penalty in any single cause of action may not exceed $5 million, and each interactive session is a separate violation of section 2502N. The bill deems a violation an unlawful practice under 6 Del. C. section 2513.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 5,000,000
Statutory damages
As amended by House Amendment 3, which passed the House: a consumer's remedy is actual damages or statutory damages of $1,000, whichever is greater. As introduced, section 2503N(b) stated a maximum liability of actual damages plus statutory damages not exceeding $1,000, and $10 million in the case of a class action.
- As of
- Currency
- USD
- Per person minimum
- 1,000
Who enforces it
Enforcement body
The Attorney General, who may seek injunctive relief and a civil penalty; a consumer subjected to a violation, by private right of action under section 2503N(a).
Settledness
- As of
- Open questions
- How is an "interactive session" counted under section 2503N(c), where each one is a separate violation of section 2502N, when section 2501N defines no such term?
- Is the $10 million stated for a class action in section 2503N(b)(2) a ceiling on all damages awarded to the class, and does it include the statutory damages in paragraph (1)?
What it makes you log
Logging duty
As introduced, sections 2501N to 2503N define the terms, make a failure to notify a consumer clearly and conspicuously that the consumer is communicating with a computer an unlawful practice, and set remedies. None of the three sections requires a business to create, keep or produce a log or record. The disclosure is made to the consumer in the conversation, and the bill names no record of it.
- Kind
- None
- As of
What this law does
As of its last committee action on , this measure was in the Senate Banking, Business, Insurance and Technology Committee, with no floor vote scheduled.
As introduced, it would amend Title 6 to make it an unlawful and prohibited trade practice for a business to engage in a commercial transaction with a consumer who interacts with computer technology, under circumstances where a reasonable person would believe they are dealing with an actual human being, without first notifying the consumer that they are communicating with a computer.
It would create a private right of action for damages and let the Attorney General seek injunctive relief and a civil penalty of up to $5,000,000 for violations. As introduced, the measure states it takes effect 180 days after enactment into law.
When LexLint raises it
When your app profile says your app deploys a chatbot.
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