Interpretation of AIGC's new regulations: close to the industry, promote development, be inclusive and prudent, and classify and classify

Image credit: Generated by Unbounded AI tools

Source: Wanshang Tianqin Law Firm

Author: Zhang Feng

introduction

Since the beginning of this year, the upsurge caused by generative artificial intelligence in industry, investment, academia, law and other circles around the world is still going on, and it is developing vertically. The prospects for the development of generative artificial intelligence are generally optimistic, but issues such as technological ethics, public interest protection, and the protection of users’ legitimate rights and interests have also caused huge controversy.

In this context, my country’s National Internet Information Office, National Development and Reform Commission, Ministry of Education, Ministry of Science and Technology, Ministry of Industry and Information Technology, Ministry of Public Security, and State Administration of Radio and Television released the "Generative Artificial Intelligence The Interim Measures for Service Management (hereinafter referred to as the “Measures”) generally reflect the support for technological innovation and industrial development, and reflect the basic attitude of tolerance and prudence, as well as classified and hierarchical supervision. It can be said that it basically reflects the characteristics of generative artificial intelligence technology and its role in position in industrial development. The following is a brief analysis from six aspects.

1. From a higher dimension, it affirmed the technological innovation and application innovation value of generative artificial intelligence, as well as the industrial changes it brought

Compared with the previous draft for soliciting comments, in addition to the Cyber Security Law, the Data Security Law and the Personal Information Protection Law, the “Measures” are based on the “Science and Technology Progress Promotion Law”. As we know, the " The purpose of the Science and Technology Progress Law is to “promote the progress of science and technology in an all-round way, give full play to the role of science and technology as the primary productive force, innovation as the driving force, and talents as the primary resource, promote the transformation of scientific and technological achievements into actual productive forces, and promote scientific and technological innovation to support and lead the economy. social development, and comprehensively build a modern socialist country”, which reflects that the “Measures” have raised the technology of generative artificial intelligence to a fundamental and leading position.

At the same time, on the basis of the previous draft for comments, the “Measures” added the provisions of “maintaining national security and social public interests, and protecting the legitimate rights and interests of citizens, legal persons and other organizations”, providing clear guidance for specific regulatory logic.

2. It embodies the idea of hierarchical and classified management, and supports and regulates generative artificial intelligence throughout the entire process of research and development, application, and service

Due to the extensive impact of generative artificial intelligence applications on various industries, the adjustment of interests and the protection of legitimate rights and interests in different application scenarios are different. Compared with the previous draft for comments, the idea of classified and hierarchical supervision is very clear.

For example, in Article 2, industry regulatory requirements for different scenarios have been added, “If the state has other regulations on the use of generative artificial intelligence services to engage in activities such as news publishing, film and television production, and literary and artistic creation, such regulations shall follow.” Article 3 states It clearly stipulates that “the state adheres to the principles of combining development and security, promoting innovation and governing by law, adopts effective measures to encourage the innovation and development of generative artificial intelligence, and implements inclusive prudence and classified and hierarchical supervision of generative artificial intelligence services.”

At the same time, since the research and development activities of generative artificial intelligence do not provide services to the public, the regulatory requirements in specific industry applications should not be simply applied. Those who develop and apply generative artificial intelligence technologies such as those that do not provide generative artificial intelligence services to the domestic public shall not be subject to the provisions of these Measures."

Article 4 of the “Measures”, in addition to requiring adherence to the core values of socialism, has also added requirements for related services to “take effective measures based on the characteristics of the service type to improve the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.” nature", which reflects the development orientation of the industry and guides it to more effectively serve the needs of specific scenarios.

Article 10 of the “Measures” adds “guiding users to scientifically and rationally understand and use generative artificial intelligence technology in accordance with the law”, that is, service providers are required to effectively guide users to rationally understand and use generative artificial intelligence technology. Service development itself is very meaningful; for anti-addiction, it is clearly only for minors, that is, “take effective measures to prevent minor users from over-reliance or addiction to generative artificial intelligence services”, without making mandatory requirements for other users , reflecting the requirement of legal unity.

In addition to other normative requirements for specific fields mentioned in Article 2, it also clarifies the requirements for each department to strengthen management according to its duties, which reflects the characteristics of generative artificial intelligence development services, that is, Article 16 stipulates that “network information, Departments of development and reform, education, science and technology, industry and information technology, public security, radio and television, press and publication, etc., shall strengthen the management of generative artificial intelligence services in accordance with the law according to their respective responsibilities.”

In addition to the provision in Article 3 of “inclusiveness and prudence and classified and hierarchical supervision”, Article 16 clarifies the requirements for classified and hierarchical supervision again, that is, it stipulates that "the relevant competent authorities of the state shall focus on the characteristics of generative artificial intelligence technology and its application in relevant industries and fields. service applications, improve the scientific supervision methods that are compatible with innovation and development, and formulate corresponding classification and classification supervision rules or guidelines.”

3. Propose relevant measures to support industrial development in terms of data resource platform and computing power resource sharing

The “Measures” put forward relevant measures to support industrial development from two aspects of content resources and technological development. In terms of content resources, as stipulated in Article 5 of its regulations, "Encourage the innovative application of generative artificial intelligence technology in various industries and fields, generate positive, healthy, and positive high-quality content, explore and optimize application scenarios, and build an application ecosystem. Support industries Organizations, enterprises, educational and scientific research institutions, public cultural institutions, and relevant professional institutions cooperate in generative artificial intelligence technology innovation, data resource construction, transformation and application, and risk prevention.”

Article 6 puts forward regulations on independent innovation of relevant algorithms, frameworks, chips and supporting software platforms and construction of public training resource platforms from the perspective of technical development support. The “Measures” stipulate that “encourage the independent innovation of basic technologies such as generative artificial intelligence algorithms, frameworks, chips, and supporting software platforms, carry out international exchanges and cooperation on an equal and mutually beneficial basis, and participate in the formulation of international rules related to generative artificial intelligence. Promote generative artificial intelligence Construction of infrastructure and public training data resource platforms. Promote the collaborative sharing of computing power resources and improve the utilization efficiency of computing power resources. Promote the orderly opening of public data classification and classification, and expand high-quality public training data resources. Encourage the use of safe and credible chips, Software, tools, computing power and data resources.”

4. The specific technical governance of training data, data labeling and model optimization is more specific and clear

Regarding the training data, the first is to put forward the requirement that the training data have a legal source, not infringe on intellectual property rights and personal information rights, and abide by the “People’s Republic of China Cyber Security Law”, “People’s Republic of China Data Security Law”, "People’s Republic of China Personal Information Protection Law and other relevant provisions of laws and administrative regulations, and relevant regulatory requirements of relevant competent authorities. The second is to require effective measures to improve the quality of training data and enhance the authenticity, accuracy, objectivity, and diversity of training data;

Regarding data labeling, that is, if it is stipulated that data labeling should be carried out during the research and development of generative artificial intelligence technology, the provider should formulate clear, specific, and operable labeling rules that meet the requirements of these measures; Accuracy; provide necessary training for labeling personnel, enhance the awareness of law-abiding, supervise and guide labeling personnel to carry out labeling work in a standardized manner.

With regard to model optimization, the “Measures” deleted the mandatory time requirement for three-month model optimization training in the “Draft for Comments”, and added a requirement to report to relevant departments after discovering illegal content and users engaging in illegal activities. The “Measures” stipulate that "if the provider finds illegal content, it shall promptly take measures such as stopping generation, stopping transmission, and elimination, and take measures such as model optimization training to make rectification, and report to the relevant competent department. The provider finds that the user uses the generated Where artificial intelligence services engage in illegal activities, they shall take warnings, restrict functions, suspend or terminate the provision of services and other disposal measures in accordance with the law, keep relevant records, and report to the relevant competent authorities.”

V. Enhanced personal information protection requirements

On the basis of the “Draft for Comment”, relevant regulations on the rights and interests of users’ personal information have been added. For example, it is stipulated that “providers shall accept and deal with individuals’ requests for reviewing, copying, correcting, supplementing, and deleting their personal information in a timely manner in accordance with the law.” State secrets, commercial secrets, personal privacy and personal information learned during the performance of duties shall be kept confidential in accordance with the law, and shall not be disclosed or illegally provided to others."

6. Increased the compliance disposal of overseas related services

For generative artificial intelligence services from abroad, if they can comply with the relevant regulatory requirements of our country, they can legally provide services. Article 20 of the “Measures” stipulates that "if the provision of generative artificial intelligence services from outside the territory of the People’s Republic of China does not comply with laws, administrative regulations and the provisions of these measures, the national network information department shall notify relevant agencies to take technical measures and other measures. Necessary measures shall be taken to deal with it.”

Of course, if it does not meet the relevant regulations, how to deal with it? The specific regulation is that “the national network information department shall notify the relevant agencies to take necessary measures to deal with it.”