Surong Zhu (Beijing Foreign Studies University) and Guoyang Ma (Beijing Jiaotong University) have posted “The Chinese Path to Generative AI Governance” on SSRN. Here is the abstract:
The emergence of generative AI has brought significant development opportunities for the AI industry, but it has also triggered legal issues such as data leakage and technology abuse. Therefore, how to ensure the upward and positive development of generative AI technology has become a focus of attention for countries worldwide. China has taken the lead in legislative measures by introducing July 2023 the world’s first departmental regulation dedicated to generative AI-Interim Administrative Measures for Generative Artificial Intelligence Services. The Interim Measures is a product of the vertical iterative legislative model, upholding the governance attitude of encouraging development and drawing a bottom line, and adopting the governance strategy of inclusiveness and prudence, categorization and grading, complemented by the regulatory means of segmented governance and clear responsibilities. At the same time, the EU and the US have effectively addressed the risks posed by generative AI by taking existing legal norms as the cornerstone and adopting law enforcement and legislative measures. This article provides a detailed description of China’s regulatory ideas and specific methods. It compares the different views of China with those of the EU and the US, further commenting on the innovations and shortcomings of China’s program.