Artificial intelligence under new regulations in China

Artificial intelligence under new regulations in China

China introduced new regulations on artificial intelligence (AI) generated content this week to keep the country in the race for this promising niche while maintaining tight controls.

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Concerns about generative AI are growing around the world as this technology can be used for malicious purposes. For example, in “deepfake” videos that make people say things they didn’t say.

At the same time, Chinese companies are trying to develop artificial intelligence services as powerful as the ChatGPT software launched by the American OpenAI, which is currently blocked in China.

China’s 24 new rules appear to have been toned down compared to a stricter draft regulation released earlier this year, experts say.

Beijing’s goal is not to discourage Chinese companies from entering this sector, which is currently mostly dominated by their American counterparts.

Here are these new rules related to services intended for the general public:

ethics

According to the text, generative AI must “adhere to the fundamental values ​​of socialism”, may not endanger national security or promote terrorism, violence or “racial hatred”.

Service providers must present AI-generated content as such and avoid discrimination based on gender, age and ethnicity when designing algorithms.

Your software must not create content that contains “false and harmful information.”

Data used to train AI software must be lawfully collected and not infringe on the intellectual property rights of others.

Security

Companies that make generative AI software available to the general public must “take effective measures to prevent underage users from becoming overly dependent” or “dependent on” those services, according to releases by China’s internet regulator in July Regulate.

These companies must also allow users to report inappropriate content. You must also remove any unlawful content immediately.

Service providers are required to conduct security assessments and provide government agencies with reports on their algorithms.

Surprise: Ultimately, this regulation is only imposed on companies whose software influences “public opinion” and not – as envisaged in the first draft – on all companies.

Application

The new rules are technically “interim measures” governed by the already existing Chinese laws.

These are the latest in a series of regulations targeting various aspects of artificial intelligence.

“From the start, and somewhat differently from the European Union (EU), China took a more vertical approach to legislation” and “focused more on specific issues,” according to law firm Taylor Wessing.

The draft regulation provided for fines of up to 100,000 yuan (12,600 euros) for violators.

Under the new rules, however, a violation is only punished with a warning or a ban. Only if she violates the applicable laws will she be severely punished.

“Chinese legislation falls midway between that of the European Union (EU) and that of the United States, with the EU taking the strictest approach and the United States taking the most flexible approach,” Angela Zhang, a law professor at the university, told AFP from Hong Kong.

support for innovation

The first version of the text aimed in particular to maintain the strict control of the censors over the content, confirms Jeremy Daum, China specialist at Yale Law School (USA).

However, several restrictions on generative AI have been relaxed.

“Many of the strictest controls are being abandoned in favor of promoting artificial intelligence development and innovation,” Daum points out in his China Law Translate blog.

The scope of the rules has been significantly reduced. They now only apply to generative AI that is available to the general public – and no longer for uses for research and development purposes.

“This change can be taken as a sign that Beijing agrees with the idea of ​​an artificial intelligence race while remaining competitive,” Daum said.