Highlights of the Draft Measures for the Administration of Generative Artificial Intelligence Services 

May, 2023 - Zhichao(Kevin) Duan, Yi ZOU

Generative AI has become a worldwide sensation recently with the launch of ChatGPT, Stable Diffusion, Midjourney, and other eye-catching products. Large language models such as ChatGPT have shown their phenomenal capacity for human language comprehension, human-machine interaction, text writing, programming, reasoning, etc. by generating output that is often on a par with the level of human intelligence, if not better. Despite this, however, the use of generative AI has raised concerns about privacy violations, trade secrets leakage, misinformation, information cocoons, cybercrimes, and other potential risks, which has aroused global attention and regulatory responses in different countries and regions. For instance, Garante, Italy's data privacy watchdog, has imposed a nationwide ban on using ChatGPT due to privacy violation concerns. Following this trend, on April 11, 2023, the Cyberspace Administration of China ("CAC") issued an exposure draft of the Measures for the Administration of Generative Artificial Intelligence Services (the "Draft Measures"), which is open for public comments until May 10, 2023. The Draft Measures, consisting of 21 articles, begin by clarifying its administrative objectives of facilitating healthy development and regulated application of generative artificial intelligence services, leaving space for further policies to regulate the development and use of generative AI. In this commentary, we summarize and comment on key aspects covered by the Draft Measures, the challenges they may pose in practice, and our suggestions to address those challenges.


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