0****1 Introduction

In recent years, the rapid progress of AIGC (Generative Artificial Intelligence) technology has brought new opportunities for social and economic development. All walks of life have begun to pay attention to the application of AIGC-related technologies in commercial implementation, and AIGC-related startups and projects have sprung up like mushrooms. However, AIGC has also brought new challenges during its development, such as dissemination of false information, infringement of personal information rights, data security, and prejudice.

In response to the rapid development of AIGC, seven departments, including the Cyberspace Administration of China, the National Development and Reform Commission, and the Ministry of Education, officially released the "Interim Measures for the Management of Generative Artificial Intelligence Services" on July 10, which is also the world's first regulatory regulation in the field of AIGC.

In addition to this special regulatory regulation, my country has issued a number of laws, administrative regulations and other normative documents in terms of technological development, network security, personal information protection, Internet information, etc. Angle of normative governance system.

This article summarizes and sorts out the current regulatory policies in the field of artificial intelligence at home and abroad by Shanghai Mankiw Law Firm.

0****2 China's supervision of AIGC

(1) Law

"The Science and Technology Progress Law of the People's Republic of China"

The Basic Law in the field of science and technology in my country will be revised for the second time in 2021 and will come into force on January 1, 2022.

"Personal Information Protection Law of the People's Republic of China"

It will be officially implemented on November 1, 2021, which includes some regulations on artificial intelligence, such as prohibiting the use of personal information for illegal activities and infringing on personal rights, and requiring the transparency and explainability of artificial intelligence decision-making.

"Data Security Law of the People's Republic of China"

It will be officially implemented on September 1, 2021, which includes some regulations on artificial intelligence, such as the requirement to strengthen the security protection and management of artificial intelligence-related data.

"Network Security Law of the People's Republic of China"

It came into effect on June 1, 2017. Article 22 stipulates that network operators should take technical measures and other necessary measures to prevent and reduce the occurrence of network security incidents, including the use of artificial intelligence and other technical means.

(2) Department regulations

"Interim Measures for Generative Artificial Intelligence Service Management"

On April 11, 2023, the Cyberspace Administration of China issued the "Measures for the Administration of Generative Artificial Intelligence Services (Draft for Comment)" (hereinafter referred to as the "Measures (Draft for Comment)"). After soliciting and comprehensively considering the opinions of all parties, the Cyberspace Administration of China, 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, and the State Administration of Radio, Film and Television, officially released "Interim Measures for the Administration of Generative Artificial Intelligence Services" on July 10, 2023 ( Hereinafter referred to as the "Interim Measures"). As the world's first national-level legal document that directly regulates generative artificial intelligence, the "Interim Measures" will be officially implemented on August 15, 2023. my country's artificial intelligence agile governance management model has achieved initial results.

"Internet Information Service Algorithm Recommendation Management Regulations"

"Internet Information Service Algorithm Recommendation Management Regulations" (""Algorithm Recommendation Regulations""), which came into effect on March 1, 2022, requires algorithm recommendation service providers to establish a sound algorithm mechanism review, The algorithm mechanism, model, data and application results should be regularly reviewed, evaluated, and verified, and algorithm models that induce user addiction, excessive consumption, etc. that violate laws and regulations or violate ethics and morals should not be set up. In addition, the "Regulations on Algorithm Recommendation" requires that algorithm recommendation services should be filed with the Internet Information Department: Algorithm recommendation service providers with public opinion attributes or social mobilization capabilities should pass the Internet information service algorithm within ten working days from the date of providing the service. The filing system fills in information such as the name of the service provider, service form, application field, algorithm type, algorithm self-assessment report, content to be publicized, etc., and performs the filing procedures.

"Regulations on the Administration of Deep Synthesis of Internet Information Services"

"Internet Information Service Deep Synthesis Management Regulations" (""Deep Synthesis Regulations""), which came into effect on January 10, 2023, is the core regulatory regulation in the field of AIGC. "Deep synthesis technology" refers to the technology of using generative synthesis algorithms represented by deep learning and virtual reality to produce text, images, audio, video, virtual scenes and other information, including text-to-speech, music generation, face generation, human Face replacement, image enhancement and other technologies. Therefore, AIGC falls within the regulatory scope of the Deep Synthesis Regulations.

The "Deep Synthesis Regulations" clearly stipulates that deep synthesis service providers should adopt technical or manual methods to review the input data and synthesis results of deep synthesis service users. For services that generate or significantly change the function of information content, such as real scenes, it is necessary to prominently mark the reasonable position and area of the generated or edited information content to remind the public of the in-depth synthesis. **

(3) Department normative documents

** "New Generation Artificial Intelligence Code of Ethics"**

On September 25, 2021, the National New Generation Artificial Intelligence Governance Professional Committee issued the "New Generation Artificial Intelligence Ethics Code" (hereinafter referred to as the "Ethics Code"), which aims to integrate ethics into the entire life cycle of artificial intelligence and provide a basis for the development of artificial intelligence. Provide ethical guidance to natural persons, legal persons and other relevant institutions involved in relevant activities.

The "Code of Ethics" has undergone special research, intensive drafting, and consultation of opinions. It fully considers the current ethical concerns of all sectors of society related to privacy, prejudice, discrimination, and fairness, including general principles, specific activity ethics, and organizational implementation. The "Code of Ethics" puts forward six basic ethical requirements, including improving human well-being, promoting fairness and justice, protecting privacy and security, ensuring controllability and credibility, strengthening responsibility, and improving ethical literacy. At the same time, 18 specific ethical requirements for specific activities such as artificial intelligence management, research and development, supply, and use are proposed.

"Network Security Standard Practice Guidelines-Guidelines for Prevention of Artificial Intelligence Ethical Security Risks"

In order to prevent the ethical security risks of artificial intelligence, on January 5, 2021, the Secretariat of the National Information Security Standardization Technical Committee organized the compilation of the "Network Security Standards Practice Guidelines-Guidelines for the Prevention of Artificial Intelligence Ethical Security Risks", which is for organizations or individuals to carry out artificial intelligence research. Provide guidance for related activities such as development, design and manufacture, and deployment of applications.

(4) Industry standards and guidance documents

《Guiding Principles for Registration Review of Artificial Intelligence Medical Devices》

In March 2022, the Center for Device Evaluation issued the "Guiding Principles for the Registration and Review of Artificial Intelligence Medical Devices" to further standardize the quality control requirements for the entire life cycle process of artificial intelligence medical devices and the requirements for registration declaration materials. At the same time, it proposed that third-party databases can also carry out algorithm performance evaluation , and clarified the specific requirements for third-party databases in terms of authority, scientificity, normativeness, diversity, closure, and dynamics.

** "Guidelines for the Classification and Definition of Artificial Intelligence Medical Software Products"**

On July 8, 2021, in order to further strengthen the supervision and management of artificial intelligence medical software products and promote the high-quality development of the industry, the State Food and Drug Administration organized the formulation and officially released the "Guidelines for the Classification and Definition of Artificial Intelligence Medical Software Products" (hereinafter referred to as the "Guidelines") in principle").

In the "Guiding Principles", the Food and Drug Administration clearly defined artificial intelligence medical software, which refers to "independent software that uses artificial intelligence technology to achieve its medical purposes based on medical device data. The classification of medical devices containing artificial intelligence software components The definition can refer to this principle." At the same time, it also makes a clear definition of medical device data, which refers to "objective data generated by medical devices for medical purposes, and in special cases may include objective data generated by general-purpose equipment for medical purposes." In addition, the "Guiding Principles" also define management attributes and management categories.

** "Deep Learning Decision-Assisting Medical Device Software Review Key Points"**

In July 2019, the Medical Device Technology Evaluation Center of the State Food and Drug Administration (hereinafter referred to as the Device Evaluation Center) released the "Deep Learning Assisted Decision-Making Medical Device Software Review Points", which clarified the review scope of general deep learning-assisted decision-making medical device software, And put forward a risk-based full life cycle supervision method.

(5) Local Regulations

"Shanghai Municipal Regulations on Promoting the Development of Artificial Intelligence Industry"

On September 22, 2022, the 44th meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress voted to pass the "Shanghai Municipal Regulations on Promoting the Development of the Artificial Intelligence Industry", which will come into force on October 1, 2022.

"Shenzhen Special Economic Zone Artificial Intelligence Industry Promotion Regulations"

In September 2022, Shenzhen promulgated the country's first special legislation for the artificial intelligence industry** "Shenzhen Special Economic Zone Artificial Intelligence Industry Promotion Regulations"**. Effective from November 1, 2022.

"Shanghai Data Regulations"

Adopted at the 37th meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress on November 25, 2021, and will come into force on January 1, 2022.

(6) Local Work Documents

**"Implementation Plan for Beijing to Accelerate the Construction of a Globally Influential Artificial Intelligence Innovation Center (2023-2025)"****, ***"Several Measures for Beijing to Promote the Innovation and Development of General Artificial Intelligence" *

On the afternoon of May 30, 2023, the 2023 Zhongguancun Forum held a special conference on major scientific and technological achievements. At the meeting, Liu Hang, the second-level inspector of the Beijing Municipal Science and Technology Commission and the Zhongguancun Management Committee, released ** "Beijing's Implementation Plan for Accelerating the Construction of a Globally Influential Artificial Intelligence Innovation Source (2023-2025)" (hereinafter referred to as the "Implementation Plan") "), "Several Measures of Beijing to Promote the Innovation and Development of General Artificial Intelligence" (hereinafter referred to as "Several Measures")**two policies. Through these two policies, from the perspective of encouraging and guiding the development of the industry, Beijing will further coordinate resources around the common needs of innovation and development, and comprehensively promote the construction of artificial intelligence independent technology systems and the development of industrial ecology.

The release of these two policies aims to accelerate the implementation of the innovation-driven development strategy, build a high-level national new-generation artificial intelligence innovation and development pilot zone and a national artificial intelligence innovation application pilot zone, continue to enhance the global influence of artificial intelligence, and further promote artificial intelligence. Innovation and innovation lead and develop healthily, supporting the construction of Beijing International Science and Technology Innovation Center.

0****3 All countries in the world supervise AIGC

EU

Data Governance Act

Effective June 2022. The bill is the first draft law to be submitted within the framework of the European Data Strategy, the first content of which was in November 2020. Overall, the Data Governance Act focuses on institutional innovation to encourage data sharing, improve the efficiency of data use, and enable the flow and use of data resources to achieve higher public policy purposes. One is to build a system for the public sector to reuse data. The second is to build a framework that is conducive to the development of data intermediaries. The third is to regulate and guide the altruistic behavior of data.

In addition, in Chapter VI of the Data Governance Act, a European Data Innovation Council was established to provide advice on the inclusion of information on data sharing service providers, cross-industry data sharing, data reuse, etc.

Artificial Intelligence Bill Bill

In April 2021, the European Commission proposed the draft regulations for the "Artificial Intelligence Act", which is regarded as a milestone event for the EU in the field of artificial intelligence and the broader EU digital strategy. It's just that the advancement of the proposal has not been as smooth as expected, and members of the European Parliament have not yet reached an agreement on the basic principles of the proposal.

** "Reliable Artificial Intelligence Ethics Guidelines"**

Published in 2019, the guidelines cover seven areas: human activity and governance; technological robustness and security; privacy and data management; transparency; diversity and non-discrimination and fairness; social and environmental well-being; and accountability.

《General Data Protection Regulation》

Passed in 2016 and entered into force in 2018. The purpose is to solve the problem of collecting and utilizing user data. It will replace the "Data Protection Directive" promulgated by the European Union in 1995 to adapt to the development of cloud computing, Internet and big data. The purpose of the "Regulations" is to restrict the processing of personal and sensitive data by Internet and big data companies, and to protect the legitimate rights and interests of data subjects. In contrast to its predecessor, the Data Protection Directive, the GDPR can directly apply to all EU member states without requiring any country to convert it into national law.

U.K

A Regulatory Approach to Artificial Intelligence for Innovation

On March 29, 2023, the United Kingdom released a white paper on "Artificial Intelligence Regulatory Approaches to Promote Innovation", outlining five principles for artificial intelligence governance. Proposes its principles-based approach to AI governance to provide businesses and the public with confidence in the use of AI, and a certainty and consistent approach to regulation for the industry. In this white paper, the United Kingdom puts forward five principles that should be followed in the development and use of artificial intelligence in various departments. In the future, each regulatory department will issue best practices in various fields based on the five principles according to specific circumstances. guide. At the same time, the white paper pointed out that in order to encourage the innovation of artificial intelligence and ensure a timely response to various challenges that will arise in the future, strict legislation will not be imposed on the artificial intelligence industry at present. In addition, the white paper specifically emphasizes the importance of collaborative governance between the government, industry, and enterprises, as well as the importance of strengthening global cooperation and interoperability in artificial intelligence governance, so as to realize the UK's global leadership in the field of artificial intelligence as soon as possible.

Italy

On March 31, 2023, the Italian Government Data Protection Agency (Garante) requested to ban the use of ChatGPT, an AI chat robot developed by OpenAI, in Italy, and launched an investigation into the alleged violation of privacy rules by the ChatGPT application. Canada's federal privacy regulator recently announced that it has opened an investigation into OpenAI for allegedly "collecting, using and disclosing personal information without consent."

USA

** "Artificial Intelligence Risk Management Framework" (AI RMF) Version 1.0**

The National Institute of Standards and Technology released version 1.0 of the "Artificial Intelligence Risk Management Framework" (AI RMF) in January 2023, which aims to guide organizations to reduce security risks, avoid bias and other risks when developing and deploying artificial intelligence systems. Negative consequences, increasing AI credibility.

As early as 2016, the United States promulgated two national-level framework, promotional rather than regulatory, and binding documents, "National Artificial Intelligence Research and Development Strategic Plan" and "Preparing for the Future of Artificial Intelligence". It has been continuously updated in recent years. The two policy frameworks aim to actively promote the development of AI technology and technological innovation. In response to the challenges brought about by artificial intelligence technology, the document only proposes a principled response.

Canada

Artificial Intelligence and Data Act

In June 2022, Canada released the "Artificial Intelligence and Data Act", which aims to regulate international and provincial artificial intelligence system transactions. To this end, the law stipulates that: measures should be taken to reduce the harm and output bias caused by high-impact artificial intelligence; public information about artificial intelligence should be disclosed; the minister of innovation, technology and industry should be authorized to formulate policies related to artificial intelligence systems, and to "Holding or using illegally obtained personal information" is prohibited accordingly to protect the privacy of data for the purpose of designing, developing, using or providing artificial intelligence systems.

Germany

The Self-Driving Act

Released July 2021. The purpose of the bill is to provide the legal basis and regulatory framework for the commercial application of driverless technology. One of the biggest highlights of the proposal is that it provides a legal basis for the normal operation of L4-level unmanned vehicles on specific road sections on expressways, and makes clear clarifications on relevant technical requirements, driving conditions, and data processing. Regulation. Germany has thus become the first in the world to allow unmanned vehicles to join daily traffic and promote it to the entire country.

Another important content of the bill is the establishment of a technical monitoring system for "unmanned driving features". Therefore, smart motor vehicle owners must regulate the use of motor vehicles to ensure the safety of motor vehicles and the compatibility of the use of motor vehicles, and be responsible for the use of motor vehicles. These responsibilities include: regular maintenance of the system to keep the autonomous driving in good working order, precautionary measures for compliance with traffic rules, and responsibility for technical oversight. In order to fulfill this obligation, the car owner shall appoint a natural person with specialized skills as a technical monitor to remotely monitor and intervene in the car.