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Legal Regulation of Generative Artificial Intelligence in China
 
Код статьиS278229070031786-0-1
DOI10.18254/S278229070031786-0
Тип публикации Статья
Статус публикации Одобрена к публикации
Авторы
Ян Тяньфан  
Аффилиация: The Shenzhen MSU-BIT University
Адрес: China
Аннотация

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, provided 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.

Ключевые словаgenerative artificial intelligence, AI iegulation, China, deep synthesis technology
Получено26.07.2024
Кол-во символов21067
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Оглавление

CONTEXT OF LEGAL REGULATION OF GENERATIVE ARTIFICIAL INTELLIGENCE
THE INTERIM MEASURE FOR THE MANAGEMENT OF GENERATIVE ARTIFICIAL INELLEGENCE SERVICES IN CHINA
BASIC SAFETY REQUIREMENTS FOR GENERATIVE ARTIFICIAL INTELLIGENCE SERVICES
CONCLUSION
1

CONTEXT OF LEGAL REGULATION OF GENERATIVE ARTIFICIAL INTELLIGENCE
2 The emergence of ChatGPT has caused a wide resonance and has become a popular subject of discussion about the place of artificial intelligence (AI) 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 AI Generated Content (hereinafter referred to as AIGC). 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 society (Yao and Li 2023).
3 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” (Pu and Yearning 2023).
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.
5

As early as 2017, the State Council of the People's Republic of China published the Next Generation Artificial Intelligence Development Plan1, 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”2. 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”3 .

 1. 《新一代人工智能发展规划》 >>>>

2. Ibid.

3. Ibid.
6 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.
7

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 Services4 (hereinafter referred to as 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.

 4. 《生成式人工智能服务管理暂行办法》 >>>>
8

It is worth noting that the algorithm registration system was first established in the Regulation on the Management of Algorithmic Recommendations in Internet Information Services5, effective from March 1, 2022 (hereinafter referred to as 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.

 5. 《互联网信息服务算法推荐管理规定》 >>>>  
9

THE INTERIM MEASURE FOR THE MANAGEMENT OF GENERATIVE ARTIFICIAL INELLEGENCE SERVICES IN CHINA
10 The Interim Measures can be regarded as China's first “response sheet” in the field of generative AI regulation. This act is the first and most prompt attempt to respond to emerging scientific, technological, and ethical challenges of using modern generative AI. This article will examine the main provisions of the Interim Measures and, through a comparative analysis with the existing Chinese algorithm management system, will analyze the logic of algorithm regulation. 
1. Helberger, N., and  N. Diakopoulos. 2023. ChatGPT and the AI Act. Internet Policy Review 12(1). https://doi.org/10.14763/2023.1.1682 
2. Pu, Q., and W. Xiang. 2023. Opportunities and challenges aroused by ChatGPT as generative AI and strategy for response. Journal of Chongqing University(Social Sciences Edition) 29(3): 102-114 (in Chin.) / 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.
3. Yao, Z. W., and Z.L. Li  2023. Legal Regulation of Generative Artificial Intelligence Content Risk. Journal of Xi'an Jiaotong University (Social Science Edition) 43(05): 147 (in Chin.) /  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.

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