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Recently, the State 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, announced the "Interim Measures for the Administration of Generative Artificial Intelligence Services" (hereinafter referred to as the "Measures"), which will come into force on August 15, 2023. The relevant person in charge of the State Internet Information Office stated that the introduction 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.
In recent years, the rapid development of generative artificial intelligence technology has brought new opportunities for economic and social development. At the same time, it has also caused problems such as dissemination of false information, infringement of personal information rights, data security, and prejudice. How to coordinate the development and security of generative artificial intelligence has attracted the attention of all parties. 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" propose that the country adhere to the principle of combining development and security, promote innovation and govern according to law, take effective measures to encourage the innovative development of generative artificial intelligence, implement inclusive prudence, classified and hierarchical supervision of generative artificial intelligence services, and clarify the general requirements for the provision and use of generative artificial intelligence services. Specific measures to promote the development of generative artificial intelligence technology are proposed, and the requirements for training data processing activities and data labeling are clarified. It stipulates the generative artificial intelligence service norms, and clarifies that generative artificial intelligence service providers should take effective measures to prevent minor users from over-reliance or indulging in generative artificial intelligence services, mark pictures, videos and other generated content in accordance with the "Internet Information Service Deep Synthesis Management Regulations", and take timely measures to deal with illegal content. In addition, systems such as security assessment, algorithm filing, and complaint reporting are also stipulated, and legal responsibilities are clarified.
The relevant person in charge of the State Internet Information Office pointed out that the development and governance of generative artificial intelligence services requires the participation of the government, enterprises, society, netizens, etc., to jointly promote the healthy development of generative artificial intelligence, so that generative artificial intelligence technology can better benefit the people.
The full text of the Measures is as follows:
Interim Measures for the Management of Generative Artificial Intelligence Services
01
Chapter 1 General Provisions
Article 1 In order 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, according to the "People's Republic of China Cyber Security Law", "People's Republic of China Data Security Law, "Personal Information Protection Law of the People's Republic of China", "Science and Technology Progress Law of the People's Republic of China" and other laws and administrative regulations, formulate these measures.
Article 2 These Measures apply to the use of generative artificial intelligence technology to provide services for generating text, pictures, audio, video, and other content to the public within the territory of the People's Republic of China (hereinafter referred to as generative artificial intelligence services).
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, those regulations shall prevail.
Industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, and relevant professional institutions that develop and apply generative artificial intelligence technology, but do not provide generative artificial intelligence services to the domestic public, shall not be subject to the provisions of these Measures.
Article 3 The state adheres to the principle of attaching equal importance to development and security, promoting innovation and combining law-based governance, 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.
Article 4 The provision and use of generative artificial intelligence services shall abide by laws and administrative regulations, respect social morality and ethics, and abide by the following provisions:
(1) Adhere to the socialist core values, and must not generate content that incites subversion of state power and overthrowing the socialist system, endangers national security and interests, damages national image, incites secession, undermines national unity and social stability, promotes terrorism, extremism, promotes ethnic hatred, ethnic discrimination, violence, obscenity, and false and harmful information prohibited by laws and administrative regulations;
(2) In the process of algorithm design, training data selection, model generation and optimization, and service provision, take effective measures to prevent discrimination based on ethnicity, belief, country, region, gender, age, occupation, health, etc.;
(3) Respect intellectual property rights, business ethics, keep business secrets, and not use algorithms, data, platforms, and other advantages to implement monopoly and unfair competition;
(4) Respect the legitimate rights and interests of others, and must not endanger the physical and mental health of others, and must not infringe on the portrait rights, reputation rights, honor rights, privacy rights, and personal information rights of others;
(5) Based on the characteristics of the service type, take effective measures to improve the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.
02
Chapter 2 Technology Development and Governance
Article 5 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 industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, and relevant professional institutions to collaborate in generative artificial intelligence technology innovation, data resource construction, transformation and application, and risk prevention.
Article 6 Encourage 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 footing and mutual benefit, and participate in the formulation of international rules related to generative artificial intelligence.
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 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 adoption of secure and trusted chips, software, tools, computing power and data resources.
Article 7 Generative artificial intelligence service providers (hereinafter referred to as providers) shall carry out pre-training, optimization training and other training data processing activities in accordance with the law, and abide by the following provisions:
(1) Use data and basic models with legitimate sources;
(2) Where intellectual property rights are involved, the intellectual property rights enjoyed by others shall not be infringed;
(3) Where personal information is involved, the consent of the individual shall be obtained or other circumstances that comply with laws and administrative regulations;
(4) Take effective measures to improve the quality of training data, and enhance the authenticity, accuracy, objectivity, and diversity of training data;
(5) Other relevant provisions of laws and administrative regulations such as the "Network Security Law of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", and relevant supervisory requirements of relevant competent authorities.
Article 8 Where data labeling is carried out during the research and development of generative artificial intelligence technology, the provider shall formulate clear, specific, and operable labeling rules that meet the requirements of these Measures; carry out data labeling quality assessment, and conduct sampling verification of the accuracy of the labeling content; Conduct necessary training for labeling personnel, enhance awareness of respecting and abiding by the law, and supervise and guide labeling personnel to carry out labeling work in a standardized manner.
03
Chapter Three Service Specifications
Article 9 Providers shall legally assume the responsibility of network information content producers and fulfill network information security obligations. If personal information is involved, the responsibility of the personal information processor shall be assumed in accordance with the law, and the obligation to protect personal information shall be fulfilled.
Providers should sign service agreements with generative artificial intelligence service users (hereinafter referred to as users) who register their services, clarifying the rights and obligations of both parties.
Article 10 Providers shall clarify and disclose the applicable population, occasions, and uses of their services, guide users to scientifically and rationally understand and use generative artificial intelligence technology in accordance with the law, and take effective measures to prevent minor users from excessively relying on or indulging in generative artificial intelligence Serve.
Article 11 Providers shall fulfill the obligation to protect users’ input information and usage records according to law, shall not collect non-essential personal information, shall not illegally retain input information and usage records that can identify users, and shall not illegally provide users’ input information and usage records to others.
The provider shall accept and process the individual's requests for reviewing, copying, correcting, supplementing, and deleting their personal information in a timely manner in accordance with the law.
Article 12 Providers shall mark pictures, videos, and other generated content in accordance with the "Regulations on the Administration of Deep Composition of Internet Information Services".
Article 13 Providers shall provide safe, stable, and continuous services in the course of their services to ensure normal use by users.
Article 14 Where a provider discovers illegal content, it shall promptly take disposal measures such as stopping generation, stopping transmission, and elimination, and adopt measures such as model optimization training for rectification, and report to the relevant competent department.
If the provider discovers that the user is using the generative artificial intelligence service to engage in illegal activities, it 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 authority.
Article 15 Providers shall establish and improve complaint and report mechanisms, set up convenient complaint and report portals, announce the handling process and feedback time limit, accept and handle public complaints and reports in a timely manner, and provide feedback on the results.
04
Chapter IV Supervision and Inspection and Legal Responsibilities
Article 16 Departments of cybersecurity and informatization, 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.
Relevant national authorities are to improve the scientific supervision methods that are compatible with innovation and development, and formulate corresponding classification and classification supervision rules or guidelines based on the characteristics of generative artificial intelligence technology and its service applications in relevant industries and fields.
Article 17 Providers of generative artificial intelligence services with public opinion attributes or social mobilization capabilities shall conduct security assessments in accordance with relevant state regulations, and perform algorithm filing, modification, and cancellation filing procedures in accordance with the "Internet Information Service Algorithm Recommendation Management Regulations."
Article 18 If users find that generative artificial intelligence services do not comply with laws, administrative regulations and the provisions of these measures, they have the right to complain and report to the relevant competent authorities.
Article 19 Relevant competent departments conduct supervision and inspection of generative artificial intelligence services according to their duties, and the provider shall cooperate in accordance with the law, explain the source, scale, type, labeling rules, algorithm mechanism, etc. of training data as required, and provide necessary technical and data support and assistance. Relevant institutions and personnel involved in the safety assessment and supervision and inspection of generative artificial intelligence services shall keep state secrets, commercial secrets, personal privacy and personal information known in the performance of their duties confidential in accordance with the law, and shall not disclose or illegally provide them to others.
Article 20 Where the provision of generative artificial intelligence services originating 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 institutions to take technical measures and other necessary measures to deal with them.
Article 21 Providers who violate the provisions of these Measures shall be punished by the relevant competent authorities in accordance with the "Network Security Law of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", "Scientific and Technological Progress Law of the People's Republic of China" and other laws and administrative regulations.
If it constitutes a violation of public security management, it shall be punished according to law; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
05
Chapter V Supplementary Provisions
Article 22 The meanings of the following terms in these Measures are:
(1) Generative artificial intelligence technology refers to models and related technologies that have the ability to generate content such as text, pictures, audio, and video.
(2) Generative artificial intelligence service providers refer to organizations and individuals that use generative artificial intelligence technology to provide generative artificial intelligence services (including providing generative artificial intelligence services by providing programmable interfaces, etc.).
(3) Generative artificial intelligence service users refer to organizations and individuals who use generative artificial intelligence services to generate content.
Article 23: Where laws and administrative regulations stipulate that the provision of generative artificial intelligence services shall obtain relevant administrative licenses, the providers shall obtain licenses according to law.
Foreign-invested generative artificial intelligence services shall comply with the provisions of foreign investment-related laws and administrative regulations.
Article 24 These Measures shall come into force on August 15, 2023.
Source: Netcom China
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