Specification generative AI services

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, the Ministry of Public Security, and the State Administration of Radio, Film and Television, recently promulgated the Interim Measures for the Management of Generative Artificial Intelligence Services (hereinafter referred to as the Measures), which will come into force on August 15, 2023.

According to the relevant person in charge of the Cyberspace Administration of China, the Measures aim 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.

Orchestrate generative AI development and security

With the rapid development of generative artificial intelligence technology, it not only brings new opportunities for economic and social development, but also produces problems such as spreading false information, infringing on personal information rights and interests, data security and bias discrimination. How to coordinate the development and safety of generative artificial intelligence has attracted the attention of all parties. The person in charge pointed out that the introduction of the Measures is not only an important requirement to promote the healthy development of generative artificial intelligence, but also a practical need to prevent the risks of generative artificial intelligence services.

The Measures cover technological development and governance, service standardization, supervision and inspection, and legal liability, with a total of 24 articles in five chapters.

According to reports, the generative artificial intelligence technology referred to in the Measures refers to models and related technologies with text, pictures, audio, video and other content generation capabilities. Generative AI service providers refer to organizations and individuals that use generative AI technology to provide generative AI services (including providing generative AI services by providing programmable interfaces). Generative AI service users refer to organizations and individuals that use generative AI services to generate content.

According to the person in charge, the Measures apply to the use of generative artificial intelligence technology to provide services such as text, pictures, audio, and video to the public in the People's Republic of China. Where the state has other provisions on the use of generative artificial intelligence services to engage in activities such as news and publication, film and television production, and literary and artistic creation, follow those provisions. Where industry organizations, enterprises, educational and scientific research institutions develop and apply generative AI technologies and fail to provide generative AI services to the domestic public, the Measures do not apply.

The Measures propose that the state adheres to the principle of attaching equal importance to development and security, promoting innovation and governing according to law, takes effective measures to encourage the innovative development of generative artificial intelligence, and implements inclusive and prudent and categorical supervision of generative artificial intelligence services.

Encourage generative AI innovation

The Measures make it clear that the state encourages the innovative application of generative AI technology in various industries and fields, generates positive, healthy and upwardly good-looking high-quality content, explores and optimizes application scenarios, and builds an application ecosystem.

According to the person in charge, for generative AI services, the Measures have different considerations in promoting the healthy development of generative AI:

In terms of regulatory methods, implement inclusive and prudent and categorical and hierarchical supervision of generative AI services, and require the relevant national competent departments to improve scientific supervision methods compatible with innovative development in light of the characteristics of generative AI technology and its service application in relevant industries and fields, and formulate corresponding classification and hierarchical supervision rules or guidelines.

In terms of specific measures to promote development, it clearly encourages the innovative application of generative AI technology in various industries and fields, generates positive, healthy and upwardly good-looking high-quality content, explores and optimizes application scenarios, and builds an application ecosystem.

At the same time, support industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional institutions, etc. to carry out collaboration in generative AI technology innovation, data resource construction, transformation and application, risk prevention, etc.

In addition, encourage independent innovation of basic technologies such as generative AI 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 AI. Promote the construction of generative artificial intelligence infrastructure and public training data resource platforms. Promote the collaborative sharing of computing power resources and improve the efficiency of computing power resource utilization. Promote the orderly and open classification and grading of public data, and expand high-quality public training data resources. Encourage the use of secure and trusted chips, software, tools, computing power, and data resources.

The provision and use of generative AI services must be provided in accordance with laws and regulations

The Measures make it clear that the provision and use of generative AI services shall comply with laws and administrative regulations, and respect social morality and ethics.

First of all, in the process of algorithm design, training data selection, model generation and optimization, and provision of services, effective measures should be taken to prevent discrimination by ethnicity, belief, country, region, gender, age, occupation, health, etc.

Second, respect intellectual property rights and business ethics, keep trade secrets, and must not use the advantages of algorithms, data, platforms and other advantages to carry out monopoly and unfair competition behaviors.

Third, respect the lawful rights and interests of others, must not endanger the physical and mental health of others, and must not infringe on others' portrait rights, reputation rights, honor rights, privacy rights and personal information rights and interests.

Finally, based on the characteristics of service types, effective measures are taken to improve the transparency of generative AI services and improve the accuracy and reliability of generated content.

The Measures specify that generative AI service providers shall lawfully carry out training data processing activities such as pre-training and optimized training, and use data and basic models with legal sources; Where intellectual property rights are involved, the intellectual property rights enjoyed by others in accordance with law shall not be infringed. Where personal information is involved, the individual's consent shall be obtained or other circumstances provided for by laws and administrative regulations shall be complied with; 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 for data labeling are clarified.

It is worth mentioning that in terms of generative AI service specifications, the Measures require that effective measures be taken to prevent minor users from relying on or indulging in generative AI services.

For example, providers shall identify the content generated by images, videos, and so forth in accordance with the Provisions on the Administration of Deep Synthesis of Internet Information Services; Where illegal content is discovered, measures such as stopping the generation, stopping transmission, or eliminating shall be promptly employed, and measures such as model optimization training shall be employed to carry out rectification; Where it is discovered that users are using generative AI services to engage in illegal activities, relevant disposal measures shall be employed in accordance with laws and agreements, relevant records shall be stored, and reports shall be made to the relevant competent departments.

The person in charge emphasized that the Measures stipulate that providers shall establish and improve complaint and reporting mechanisms, set up convenient complaint and reporting portals, publish handling procedures and feedback time limits, and promptly accept and handle public complaints and reports, and feedback the handling results. If users find that generative AI services do not comply with laws, administrative regulations and the Measures, they have the right to complain and report to the relevant competent departments.

(Guangming Ribao Beijing, July 13, reporter Zhang Yaxiong)

Source: Guangming Network - Guangming Daily