China’s regulation of AI is a challenge for the West
What the "Provisional Measures for the Management of Generative Artificial Intelligence Services" issued by China provide for and what they mean for the West. The analysis of Francesco D'Arrigo, director of the Italian Institute of Strategic Studies "Niccolò Machiavelli"
The development and use of artificial intelligence systems, now present in various applications, represent an increasingly high level of risk for citizens and for national security.
The use of AI must be carefully regulated to avoid creating new critical situations, vulnerabilities, ethical problems, problems of transparency, jurisdictional control, disinformation, social stability, integrity of democratic institutions.
The competition for the development of artificial intelligence is global in nature and its implications for users are taking on worrying aspects from the point of view of privacy and security.
The unregulated use of Apps that exploit the cognitive behavioral manipulation of people or specific vulnerable groups, that encourage dangerous behavior in minors, that classify people based on behavior, socio-economic level, personal characteristics, that use the real-time and remote biometric identification such as facial recognition, involve risks to which users are unknowingly exposed.
We have recently seen the strong reaction of several organizations and professional categories that require clear and stringent regulations for the use of generative AI tools used for chatbots, video, audio, marketing, design, writing, etc. that allow the generation of illegal content, to publish a huge amount of data that violates copyright and intellectual property, putting at risk not only the tech industry, cybersecurity and privacy, but also millions of jobs.
Pending the approval of the EU regulation on artificial intelligence , companies must already start adapting the AI systems produced, used, distributed and above all if imported by autocratic states, because the entry into force of the AI Act will push more and more towards the need to provide AI products that guarantee the safety of citizens.
Furthermore, the need for a reform of the current information system for the security of the Republic becomes increasingly urgent, which I hope will also see the establishment of a National Security Council , necessary to adapt the protection of the nation to the hybrid threats that determine a type of risks and potential conflicts without rules and limits which, as we have been able to see with the Russian aggression against Ukraine, extend their consequences to networks and civilian populations on a global level.
In order to contribute to the understanding of the strategic, operational and tactical approach of one of the most advanced countries in the world in the development of generative artificial intelligence systems, the Italian Institute of Strategic Studies "Niccolò Machiavelli" has translated into Italian and analyzed the "Interim Measures for the Management of Generative Artificial Intelligence Services" which were reviewed and approved during the 12th meeting of the Chinese Cyberspace Administration (CAC) office on May 23, 2023, promulgated on July 10 and which will enter into force on August 15, 2023.
Below is the Italian translation of Order Number 15: "Provisional measures for the management of generative artificial intelligence services", issued by the Government of Beijing and structured in 5 Sections and 24 Articles, which was elaborated, examined and ratified by:
Zhuang Rongwen – Director of the Chinese Cyberspace Administration
Zheng Shanjie – Director of the National Development and Reform Commission
Huai Jinpeng – Minister of Education
Wang Zhigang – Minister of Science and Technology
Jin Zhuanglong – Minister of Industry and Information Technology
Wang Xiaohong – Minister of Public Security
Cao Shumin – Director of the National Administration of Radio and Television
Section 1 General Provisions
Article 1 – The present measures are established to promote the healthy development and standardized application of artificial intelligence of generative artificial intelligence, to safeguard national security and social public interests, and protect the legitimate rights and interests of citizens, of legal persons and other organizations, in accordance with: the "Cyber Intelligence", the "Information Security Law of the People's Republic of China", the "Data Security Law of the People's Republic of China", the "Data Protection Law personal information of the People's Republic of China”, the “Scientific and Technological Progress Law of the People's Republic of China” and other administrative laws and regulations.
Article 2 – These measures apply to services that use generative artificial intelligence technology to generate text, images, audio, video and other content (hereinafter referred to as generative artificial intelligence services) to the public in the territory of the People's Republic of China.
If the State has other regulations regarding the use of AI services to engage in activities such as news publishing, film and television production, and literary and artistic creation, those regulations will govern. The relevant industrial organizations, enterprises, educational and scientific research institutions, public cultural institutions and professional institutions that develop and apply generative AI technology, but do not provide generative AI services to the domestic public, are not subject to to the provisions of these measures.
Article 3 – The State, adhering to the principles of fair value development and security and uniting the ideals of promoting innovation and governing according to law, shall take effective measures to encourage innovation and the development of generative artificial intelligence and implements oversight of generative AI services that is inclusive and prudent, as well as differentiated and hierarchical.
Article 4 – The provision and use of the Generative Artificial Intelligence services must comply with the laws and administrative regulations, respect morals and social ethics and comply with the following provisions:
(1) Adhere to the core values of socialism and not generate content that incites subversion of state power and overthrow of the socialist system, endangers national security and interests, damages national image, incites secession, that undermine national unity and social stability, that promote terrorism, extremism, that promote ethnic hatred, ethnic discrimination, violence, obscenity, and false and harmful information prohibited by administrative laws and 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, creed, country, region, gender, age, employment, health, etc.
(3) Comply with intellectual property rights, business ethics, keep business secrets, and do not use algorithms, data, platforms and other advantages to implement monopoly and unfair competition.
(4) Respect the rights and legitimate interests of others, do not endanger the physical and mental health of others, and do not violate the image, reputation, honour, privacy and personal information rights of others.
(5) according to the characteristics of the service type, take effective measures to enhance the transparency of AI generative intelligence services and improve the accuracy and reliability of the generated content.
Section 2 Technological development and governance
Article 5 – encourage the innovative application of AI generative intelligence technology in various industries and fields, generate high-quality positive, wholesome and uplifting content, explore and optimize application scenarios, and build an application ecosystem.
Support relevant industrial organizations, enterprises, educational and scientific research institutions, public cultural institutions and professional institutions to cooperate in the areas of generative AI technology such as innovation, data asset construction, data transfer applications and risk prevention.
Article 6 – encourage independent innovation of core technologies such as AI generative intelligence algorithms, frameworks, chips and supporting software platforms, carry out international exchanges and cooperation on an equal and mutually beneficial basis, and participate in formulating international rules related to generative artificial intelligence.
Promote the construction of generative AI infrastructure and public training data resource platforms.
Promote the collaborative sharing of computing power resources and improve the efficient use of computing power resources.
Promote the differentiated and hierarchical openness of public data and expand the resources of high-quality public education data. Encourage the adoption of secure and reliable chips, software, tools, computing power and data resources.
Article 7 – Generative AI service providers (hereinafter referred to as providers) carry out training data processing activities, such as preliminary training and optimization training, in accordance with the law and comply with the following provisions:
(1) use basic data and models from legal sources;
(2) in the case of intellectual property rights, the intellectual property rights of others shall not be infringed;
(3) where personal information is involved, [providers] must obtain the consent of the individual or comply with other conditions established by laws and administrative regulations;
(4) take effective measures to improve the quality of education data, and enhance the authenticity, accuracy, objectivity, and diversity of education data;
(5) [Comply with] comply with other relevant provisions of administrative laws and regulations such as the “Information Security Law of the People's Republic of China”, the “Data Security Law of the People's Republic of China” and the “Data Protection Law of personal information of the People's Republic of China” as well as the relevant regulatory requirements of the responsible departments.
Article 8 – If data labeling (data labeling or data annotation, a process that is part of the pre-processing phase when developing an ML machine learning model ed.), Is done during research and development of the technology of generative AI, suppliers must formulate clear, specific and operational labeling rules that meet the requirements of these measures; carry out a data labeling quality assessment and conduct a spot check of the accuracy of the labeling content; conduct necessary training for labeling personnel, enhance awareness of compliance and compliance with the law, and supervise and guide labeling personnel to standardize labeling work.
Section 3 Standards of Service
Article 9 – Suppliers shall assume the legal responsibility of being producers of network information content and fulfill obligations related to network information security. If it is personal information, they must assume the responsibilities associated with the processing of personal information in accordance with the law and fulfill their personal information protection obligations. Providers shall sign service agreements with AI Generative Intelligence service users (hereinafter referred to as users) who register their services, clarifying the rights and obligations of both parties.
Article 10 – Providers must clearly define and publicly disclose the user groups, scenarios and purposes of their services. They must guide users to use AI technology scientifically and rationally, within the law. Providers must also implement effective measures to prevent over-reliance or reliance on AI services by underage users.
Article 11 – Providers must fulfill their legal obligations to protect user input information and usage records. They shall not collect unnecessary personal information, or unlawfully maintain identifiable user input information and usage logs, or unlawfully provide such information and logs to third parties. Providers must promptly accept and handle user requests regarding access, copying, correction, integration and deletion of their personal information, in accordance with the law.
Article 12 – Providers must label the images, videos and other contents generated in compliance with the “Provisions for the management of the deep synthesis of information services on the Internet”.
Article 13 – Providers must offer a secure, stable and uninterrupted service, ensuring that users can use it without interruption.
Article 14 – If a provider discovers illegal content, it shall promptly take elimination measures such as stop generation, stop transmission and elimination, take measures such as model optimization training for rectification, and report to the 'competent authority.
If the provider discovers that the user uses the Generative Artificial Intelligence service to carry out illegal activities, it must take measures such as warning, limiting functions, suspending or terminating the provision of services in accordance with the law, keep relevant records and report to the relevant responsible authority.
Article 15 – Suppliers must establish and improve a mechanism for receiving complaints and reports, creating accessible channels for such complaints and reports. They must also publicize their handling procedures and feedback timelines, promptly accepting and dealing with complaints and reports from the public and providing feedback on the results of their actions.
Section 4 Supervision, Inspection and Legal Liability
Article 16 – The Cyberspace Administration of China, 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, the National Administration of Radio and Television: National Administration of Press and Publications, etc. must strengthen the management of generative artificial intelligence services in accordance with the law, according to their respective responsibilities.
The competent national authorities, based on the characteristics of the generative artificial intelligence technology and its applications in the relevant sectors and fields, improve and innovate the methods of scientific regulation suitable for its development. They also establish the corresponding differentiated and hierarchical regulatory rules or guidelines.
Article 17 – If a Generative AI service possesses public opinion attributes or social mobilization capabilities, it must undergo a security assessment in accordance with the relevant national regulations. In addition, it must comply with the "Provisions on the Management of Algorithmic Recommendations of Internet Information Services" to complete the procedures for depositing, updating and deleting algorithms.
Article 18 – Users have the right to submit complaints or reports to the competent authorities if they consider that the Generative Artificial Intelligence services do not comply with the laws, regulations or provisions established in these measures.
Article 19 – The relevant Departments conduct the supervision and inspection of AI Generative Intelligence Services according to their duties, and the provider cooperates in accordance with the law, explaining the source, scale, type, labeling rules, the mechanism of the algorithm, etc. of training data as required, and providing necessary data and technical support and assistance.
Institutions and personnel involved in the security assessment, supervision and inspection of AI services are required to keep confidential state secrets, trade secrets, personal privacy and personal information learned in the exercise of their functions, in accordance with the law, and not to unlawfully disclose or provide them to others.
Article 20 – For those who provide AI services from outside the territory of the People's Republic of China and fail to comply with the laws, administrative regulations and these measures, the State Department of Cybersecurity and Information Technology shall inform the relevant agencies to take technical measures and other necessary measures to address them.
Article 21 – If the suppliers violate the provisions of these measures, the competent authorities will impose sanctions in accordance with the "Information Security Law of the People's Republic of China", the "Data Security Law of the People's Republic of China", the "Data Protection Law of Personal Information of the People's Republic of China", the "Scientific and Technological Progress Law of the People's Republic of China" and other administrative laws and regulations.
If the violation constitutes a violation of public safety management, administrative penalties will be imposed in accordance with the law. If it constitutes a crime, criminal liability will be pursued in accordance with the law.
Section 5 Complementary Provisions
Article 22 – The following terms are to be understood in this provision:
(1) Generative AI technology refers to models and related technologies that have the ability to generate content such as text, images, audio and video.
(2) Generative AI service providers refer to organizations or individuals who use AI technology to offer AI services, including the provision of such services through programmable interfaces or other means.
(3) Generative AI Services Users refers to organizations and individuals who use AI Generative Intelligence Services to generate content.
Article 23 – If the laws and administrative regulations establish that the provision of generative artificial intelligence services requires obtaining the relevant administrative licenses, the providers must obtain the necessary permits in accordance with the law. Foreign investment in AI generative intelligence services must comply with relevant foreign investment administrative laws and regulations.
Article 24 – These measures will enter into force on August 15, 2023.
Strategic Challenges for the West
The Communist Party of China (CPC) continues to strive to realize President Xi Jinping's vision of making China the pre-eminent power in East Asia and a major power on the world stage.
Among the objectives of his third term at the helm of China are: to impose unification with Taiwan; weaken US influence, fueling divisions between Washington and its partners; promote a new multipolar world order and regulations to strengthen its authoritarian system.
From these "measures for the management of generative artificial intelligence services" Beijing's strategy is increasingly evident, which in addition to representing the most aggressive, active and persistent threat of cyber espionage for the networks of Western governments and the private sector, uses new technologies to conduct targeted cyber intrusions targeting citizens both inside and outside its borders – including journalists, dissidents and individuals considered a threat – to counter opinions and policies they consider critical.
China is rapidly expanding, improving and above all protecting its capabilities to develop artificial intelligence (AI) and big data analytics systems, already massively used for the suppression of the free flow of information in cyberspace, to counter narratives, policies and actions which he considers criticism of the CCP and for the expansion of technology-driven authoritarianism domestically and globally.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/cina-regolazione-intelligenza-artificiale/ on Mon, 14 Aug 2023 11:40:02 +0000.