AI regulation is coming! Draw the bottom line for "generative artificial intelligence"

Recently, the National Network Information Office, together with the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Public Security and the State Administration of Radio, Film and Television, promulgated the Interim Measures for the Administration of Generative Artificial Intelligence Services (hereinafter referred to as the "Measures"), which will take effect on August 15, 2023.The relevant person in charge of the National Internet Information Office said that the promulgation of the Measures aims to promote the healthy development and standardized application of generative artificial intelligence, safeguard national security and social public interests, and protect the legitimate rights and interests of citizens, legal persons and other organizations.

Seven departments, including the National Network Information Office, jointly promulgated the Interim Measures for the Management of Generative Artificial Intelligence Services. The picture comes from the website of the National Network Information Office.

In recent years, the rapid development of generative artificial intelligence technology has brought new opportunities for economic and social development, but also brought about problems such as spreading false information, infringing on personal information rights and interests, data security and prejudice discrimination. How to coordinate the development and security of generative artificial intelligence has attracted the attention of all parties. The promulgation of the "Measures" is not only an important requirement to promote the healthy development of generative artificial intelligence, but also a realistic need to prevent the service risks of generative artificial intelligence.

The "Measures" propose that the state adheres to the principle of paying equal attention to development and safety, promoting innovation and governance according to law, taking effective measures to encourage the innovative development of generative artificial intelligence, implementing inclusive and prudent supervision of generative artificial intelligence services, and clarifying the overall requirements for providing and using generative artificial intelligence services.The specific measures to promote the development of generative artificial intelligence technology are put forward, and the requirements of training data processing activities and data labeling are defined. The service specification of generative artificial intelligence is stipulated, and it is clear that the service provider of generative artificial intelligence should take effective measures to prevent underage users from relying too much on or indulging in generative artificial intelligence services, and identify the generated content such as pictures and videos in accordance with the Regulations on the Management of Deep Synthesis of Internet Information Services, and take timely disposal measures when illegal content is found. In addition, the system of safety assessment, algorithm filing, complaint reporting and so on is stipulated, and the legal responsibility is clarified.

The relevant person in charge of the National Internet Information Office pointed out that the development and governance of generative artificial intelligence services need the participation of the government, enterprises, society, netizens and other parties to jointly promote the healthy development of generative artificial intelligence and make generative artificial intelligence technology better benefit the people.

Relevant person in charge of the National Network Information Office

Answered a reporter’s question about the Measures.

Q: Please briefly introduce the background of the promulgation of the Measures?

A:The formulation of the "Measures" is mainly based on the following considerations: First, thoroughly implement the spirit of the important instructions of the General Secretary of the Supreme Leader and the important measures of the decision-making and deployment of the CPC Central Committee. When presiding over the the Political Bureau of the Communist Party of China (CPC) Central Committee Conference, General Secretary of the Supreme Leader pointed out: "We should attach importance to the development of general artificial intelligence, create an innovative ecology, and pay attention to preventing risks." The second is the urgent need to promote the healthy development of generative artificial intelligence. With the rapid development of generative artificial intelligence technology, it brings new opportunities for economic and social development, but also produces problems such as spreading false information, infringing personal information rights, data security and prejudice discrimination. The "Measures" adhere to the goal orientation and problem orientation, clarify the specific measures to promote the development of generative artificial intelligence technology, and stipulate the basic norms of generative artificial intelligence services. The third is to promote the implementation of the inherent requirements of legal provisions. The formulation of the Measures is an important requirement for implementing the relevant provisions of the Cyber Security Law, the Data Security Law, the Personal Information Protection Law and the Science and Technology Progress Law, further standardizing data processing and other activities, safeguarding national security and social public interests, and protecting the legitimate rights and interests of citizens, legal persons and other organizations.

Q: What is the scope of application of the Measures?

A:The "Measures" stipulate that these Measures shall apply to the provision of services for generating text, pictures, audio, video and other contents to the public in People’s Republic of China (PRC) by using generative artificial intelligence technology. If the state has other provisions on using generative artificial intelligence services to engage in news publishing, film and television production, literary and artistic creation and other activities, such provisions shall prevail. The provisions of these Measures shall not apply to industries, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional institutions, etc. that develop and apply generative artificial intelligence technology and fail to provide generative artificial intelligence services to the domestic public.

Q: What are the main principles adhered to in the Measures?

A:The "Measures" put forward that the state should adhere to the principle of paying equal attention to development and safety, promoting innovation and governing according to law, take effective measures to encourage the innovative development of generative artificial intelligence, and implement inclusive and prudent supervision of generative artificial intelligence services.

Q: What do the generative artificial intelligence technology and generative artificial intelligence service providers refer to in the Measures?

A:The generative artificial intelligence technology mentioned in the Measures refers to models and related technologies with the ability to generate text, pictures, audio, video and other content; Generative artificial intelligence service providers refer to organizations and individuals who use generative artificial intelligence technology to provide generative artificial intelligence services (including providing generative artificial intelligence services by providing programmable interfaces).

Q: What considerations does the Measures have for promoting the healthy development of generative artificial intelligence?

A:The "Measures" are aimed at generative artificial intelligence services in terms of governance objects. In terms of supervision methods, it is proposed to implement inclusive and prudent supervision and classified supervision of generative artificial intelligence services, requiring the relevant competent departments of the state to improve the scientific supervision methods that are suitable for innovation and development according to the technical characteristics of generative artificial intelligence and its service application in related industries and fields, and formulate corresponding classified and classified supervision rules or guidelines. In terms of specific measures to promote development, the first is to explicitly encourage the innovative application of generative artificial intelligence technology in various industries and fields, generate positive and healthy high-quality content, explore and optimize application scenarios, and build an application ecosystem. The second is to support industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, and relevant professional institutions to cooperate in the technological innovation, data resource construction, transformation and application, and risk prevention of generative artificial intelligence. The third is to encourage independent innovation of basic technologies such as algorithms, frameworks, chips and supporting software platforms of generative artificial intelligence, carry out international exchanges and cooperation on an equal and mutually beneficial basis, and participate in the formulation of relevant international rules of generative artificial intelligence. The fourth is to promote the construction of generative artificial intelligence infrastructure and public training data resource platform. Promote the collaborative sharing of computing power resources and improve the utilization efficiency of computing power resources. Promote the orderly and open classification of public data and expand high-quality public training data resources. Encourage the use of safe and reliable chips, software, tools, computing power and data resources.

Q: What provisions should be observed in the Measures for the provision and use of generative artificial intelligence services?

A:The "Measures" clearly stipulate that the provision and use of generative artificial intelligence services should adhere to the socialist core values, and must not generate content prohibited by laws and administrative regulations such as inciting subversion of state power, overthrowing the socialist system, endangering national security and interests, damaging national image, inciting secession, undermining national unity and social stability, and promoting terrorism, extremism, ethnic hatred, ethnic discrimination, violence, obscenity and pornography, and false and harmful information; In the process of algorithm design, training data selection, model generation and optimization, and service provision, effective measures are taken to prevent discrimination such as nationality, belief, country, region, gender, age, occupation and health; Respect intellectual property rights and business ethics, keep business secrets, and do not use the advantages of algorithms, data and platforms to implement monopolistic and unfair competition; Respect the legitimate rights and interests of others, and shall not endanger their physical and mental health, or infringe upon their rights of portrait, reputation, honor, privacy and personal information; Based on the characteristics of service types, effective measures are taken to improve the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.

Q: What are the main governance systems stipulated in the Measures?

A:The "Measures" clarify that generative artificial intelligence service providers should carry out training data processing activities such as pre-training and optimization training according to law, and use data and basic models with legal sources; Involving intellectual property rights, shall not infringe upon the intellectual property rights enjoyed by others according to law; If personal information is involved, it shall obtain personal consent or meet other circumstances stipulated by laws and administrative regulations; Take effective measures to improve the quality of training data and enhance the authenticity, accuracy, objectivity and diversity of training data. In addition, the relevant requirements of data labeling are clarified.

Q: What generative artificial intelligence service specifications are mainly defined in the Measures?

A:The "Measures" require effective measures to prevent underage users from relying too much on or indulging in generative artificial intelligence services. It is stipulated that the provider shall identify the generated content such as pictures and videos in accordance with the Regulations on the Management of Deep Integration of Internet Information Services. It is stipulated that if the provider finds illegal content, it should take timely measures such as stopping generation, stopping transmission and eliminating, and take measures such as model optimization training for rectification. If it is clear that the provider finds that the user uses the generative artificial intelligence service to engage in illegal activities, it shall take relevant disposal measures in accordance with the law, keep relevant records and report to the relevant competent departments.

Q: What are the provisions of the Measures on complaints and reports?

A:The "Measures" stipulate that providers should establish and improve the complaint and reporting mechanism, set up convenient complaint and reporting entrances, announce the processing flow and feedback time limit, accept and handle public complaints and reports in a timely manner, and feed back the processing results. It is clear that users have the right to complain and report to the relevant competent departments if they find that the generative artificial intelligence service does not conform to the provisions of laws, administrative regulations and these measures.

Source: Netcom China, Guangming Daily

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