A Study on China’s Generative AI Regulations

CAC on April 11 issued draft Measures to govern generative AI service provision in China. The draft Measures related to the regulation of generative AI. However, in terms of technical features(①data; ②algorithm; ③AIGC; ④forming public opinion), there are current laws and regulations(①Cybersecurity Law·Data Security Law·PIPL; ②Algorithm Regulation; ③Deepfake Regulation; ④Public Opinion Regulation). As abovementioned, China had a way to regulate generative. Nevertheless, the reason for rushing to enact the Measures is that generative AI has caused great social repercussions. China stipulates the protection of IP rights and personal information, and the prevention of monopoly of Big Tech to fill the legislative gap. A careful examination of the Measures reveals that the main purpose of enacting the Measures is not to resolve conflicts of rights. It focuses on strengthening national security in the era of the Fourth Industrial Revolution. Because, in the process of data processing using AI technology, information related to national security may be exposed, and users can make behaviors that threaten social order by distributing AIGC. In addition, China’s expert groups take it as a serious problem that the gap in AI skills between the US and China will fundamentally affect the national competitiveness of the two countries. In order for Chinese Big Tech to narrow the technological gap amid adverse circumstances the legislation and policies will have to be supported. From this point of view, it is difficult to see that the Measures is intended to add new regulations on generative AI. Rather, it can be seen as an attempt to strengthen the technological capabilities of Chinese Big Tech while maintaining the current level of regulation on generative AI. In addition, it implies the intention to use the Measures when a situation that threatens national security triggered by generative AI.