Legal Regulation of Generative Artificial Intelligence in China

 
PIIS278229070031351-2-1
DOI10.18254/S278229070031351-2
Publication type Article
Status Approved
Authors
Occupation: Lecturer, Candidate of Legal Sciences
Affiliation: Russian-Chinese Center for Comparative Law Shenzhen MSU-BIT University (China)
Address: China,
Abstract

<p >The rapid development of generative artificial intelligence (AI), exemplified by technologies like ChatGPT, has prompted significant regulatory responses in China. This paper explores the legal framework established by China's Interim Measures for the Management of Generative Artificial Intelligence Services, highlighting its regulatory mechanisms and compliance obligations for AI service providers. The measures aim to address various risks associated with generative AI, such as data security, content management, and user protection, by implementing a dual registration system for algorithms and AI models. The Basic Safety Requirements for Generative Artificial Intelligence Services, published in 2024, provide detailed guidelines for ensuring the safety and legality of AI applications. This includes stringent assessments of data sources, content quality, and algorithm safety. By drawing comparisons with existing regulations like the Algorithmic Recommendations Regulation and the Deep Synthesis Regulation, this paper demonstrates China's consistent approach to AI governance, emphasizing the principles of promoting technological development while safeguarding public and individual interests. The findings suggest that China's regulatory framework for generative AI is designed to balance innovation with risk management, setting a precedent for comprehensive AI regulation.

KeywordsGenerative Artificial Intelligence, AI Regulation, China, Deep Synthesis Technology.
Received22.06.2024
Number of characters23851
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1 Legal Regulation of Generative Artificial Intelligence in China
2 Yang Tianfang Candidate of Legal Sciences Lecturer at the Russian-Chinese Center for Comparative Law Shenzhen MSU-BIT University (China) danilyep@mail.ru
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Abstract The rapid development of generative artificial intelligence (AI), exemplified by technologies like ChatGPT, has prompted significant regulatory responses in China. This paper explores the legal framework established by China's Interim Measures for the Management of Generative Artificial Intelligence Services, highlighting its regulatory mechanisms and compliance obligations for AI service providers. The measures aim to address various risks associated with generative AI, such as data security, content management, and user protection, by implementing a dual registration system for algorithms and AI models. The Basic Safety Requirements for Generative Artificial Intelligence Services, published in 2024, provide detailed guidelines for ensuring the safety and legality of AI applications. This includes stringent assessments of data sources, content quality, and algorithm safety. By drawing comparisons with existing regulations like the Algorithmic Recommendations Regulation and the Deep Synthesis Regulation, this paper demonstrates China's consistent approach to AI governance, emphasizing the principles of promoting technological development while safeguarding public and individual interests. The findings suggest that China's regulatory framework for generative AI is designed to balance innovation with risk management, setting a precedent for comprehensive AI regulation. Key Words Generative Artificial Intelligence, AI Regulation, China, Deep Synthesis Technology.

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  1. Context of Legal Regulation of Generative Artificial Intelligence

The emergence of ChatGPT has caused a wide resonance and has become a popular subject of discussions about the place of artificial intelligence in human life. AI technology marks the fourth technological revolution and can profoundly impact society and the economy. Human life and many production processes are significantly facilitated by the expanded application of AIGC12. For example, in the medical field, AI can help doctors diagnose and treat diseases; in education, AI can provide students with personalized learning experiences; and in entertainment, AI can create unique artistic works, etc. Thus, the application of AI not only increases efficiency in individual areas of human activity but also contributes to the development of the economy and society3. However, with the rapid development of AI technologies, especially the application of AIGC, we inevitably face a series of previously unknown challenges and crises. Issues such as personal data leakage, commercial secret violations, and job cuts attract the attention of the global scientific community. Moreover, to some extent, the development of AI may impact human subjectivity and values, causing justified concerns among people. For example, many prominent figures in technology, led by Elon Musk, have jointly called for a halt to the training of AI systems more powerful than ChatGPT-4. They argued that the influence of technology on human society is enormous and deep, considering the structure of "technology development – social evolution." 4 Nevertheless, the development of AI technologies, especially AIGC, is an irreversible and growing trend. The autonomy and neutrality of AI technology do not allow for an artificial blockade or outright rejection, such as in the case of cloning technology. Thus, it is necessary to find ways to identify and minimize the risks associated with developing AI systems and to accelerate the development of the AI industry. As early as 2017, the State Council of the People's Republic of China published the Next Generation Artificial Intelligence Development Plan,5 emphasizing that AI is a strategic technology that will lead in the future and that the development plan for AI should be systematically outlined at the national strategic level. By 2025, China is expected to "initially establish legal norms, ethical standards, and a policy system in the field of AI, forming the capability to assess and control AI safety." 6 By 2030, it is planned that "China's AI theory, technology, and application will generally reach the world's leading level, making China a major global center for AI innovation and producing notable results in developing a 'smart' economy, which will become an important foundation for transforming China into a leading innovative and economic power." 7 Against this backdrop, from 2022, China has started to sequentially adopt regulatory documents concerning algorithmic recommendations, deep synthesis technology, and generative AI services. This reflects the creation of a regulatory mechanism for AI technologies and services in specific areas. Regarding generative AI services, it is noteworthy that on July 10, 2023, the Cyberspace Administration of China (CAC, 国家互联网信息办公室) published the Interim Measures for the Management of Generative Artificial Intelligence Services8 (hereinafter – the Interim Measures). This act clearly defines the concept of generative AI and compliance obligations for providers of related products and services. According to the specific regulatory framework for generative AI services provided in the act, China has implemented a practical "dual registration" mechanism, consisting of an algorithm registration system and an AI (large language model) registration system. It is worth noting that the algorithm registration system was first established in the Regulation on the Management of Algorithmic Recommendations in Internet Information Services9, effective from March 1, 2022 (hereinafter – the Algorithmic Recommendations Regulation), according to which businesses can apply for algorithm registration through the CAC's algorithm registration system. The procedures and rules for registration are standardized based on practice. The registration of large language models requires even more effective interaction between regulatory authorities and service providers to accumulate regulatory experience and develop clear and specific rules that will encourage businesses to fulfill their obligations to register algorithms, especially concerning their safety assessment in the field of large language models.

1. AI Generated Content.

2. 郑世林,姚守宇,王春峰.ChatGPT新一代人工智能技术发展的经济和社会影响[J].产业经济评论,2023(03):5.

3. 姚志伟,李卓霖.生成式人工智能内容风险的法律规制[J].西安交通大学学报(社会科学版),2023,43(05): 147.

4. 蒲清平,向往.生成式人工智能——ChatGPT的变革影响、风险挑战及应对策略[J].重庆大学学报(社会科学版),2023,29(03):103.

5. 《新一代人工智能发展规划》 >>>>

6. See paragraph 3 of point 1 “初步建立人工智能法律法规、伦理规范和政策体系,形成人工智能安全评估和管控能力”.

7. Ibid.“(中国的)人工智能理论、技术与应用总体达到世界领先水平,(中国)成为世界主要人工智能创新中心,(中国的)智能经济、智能社会取得明显成效,为(中国)跻身创新型国家前列和经济强国奠定重要基础”. Here and in the text in brackets – YANG T.

8. 《生成式人工智能服务管理暂行办法》 >>>>

9. 《互联网信息服务算法推荐管理规定》 >>>> 2-01/04/c_1642894606364259.htm

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