Shulou(Shulou.com)11/24 Report--

According to news from CTOnews.com on August 15, the Seven departments issued the interim measures for the Administration of generative artificial Intelligence Services on July 10, which will enter into force on August 15.

The measures stipulate that monopoly and unfair competition shall not be carried out by making use of the advantages of algorithms, data, and platforms; they shall not endanger the physical and mental health of others, or infringe upon other people's portrait rights, reputation rights, honor rights, privacy rights and personal information rights and interests; effective measures should be taken to enhance the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.

The measures require generative artificial intelligence service providers to carry out training data processing activities such as pre-training and optimization training in accordance with the law; the providers shall perform their obligations to protect the input information and use records of users in accordance with the law, shall not collect unnecessary personal information, shall not illegally retain input information and use records that can identify users, and shall not illegally provide users with input information and use records to others.

The original text of "measures" is attached to CTOnews.com:

Chapter I 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, in accordance with laws and administrative regulations such as the Network Security Law of the people's Republic of China, the data Security Law of the people's Republic of China, the personal Information Protection Law of the people's Republic of China, and the Science and Technology Progress Law of the people's Republic of China. These measures shall be formulated.

Article 2: these measures shall 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).

Where the state has other provisions on the use of generative artificial intelligence services to engage in news and publication, film and television production, literary and artistic creation and other activities, such provisions shall prevail.

If industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional institutions and other R & D and application of generative artificial intelligence technology fail to provide generative artificial intelligence services to the public within the territory, the provisions of these measures shall not apply.

Article 3: the state adheres to the principle of attaching equal importance to development and security, promoting innovation and governance according to law, takes effective measures to encourage the innovative development of generative artificial intelligence, and implements inclusive, prudent and classified 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) adhering to socialist core values shall not incite subversion of state power, overthrow the socialist system, endanger national security and interests, damage national image, incite to split the country, undermine national unity and social stability, promote terrorism, extremism, promote national hatred, ethnic discrimination, violence, pornography, false and harmful information and other contents prohibited by laws and administrative regulations

(2) to take effective measures to prevent discrimination in nationality, belief, country, region, sex, age, occupation and health in the process of algorithm design, training data selection, model generation and optimization, and provision of services.

(3) respect intellectual property rights and business ethics, keep trade secrets, and shall not make use of the advantages of algorithms, data and platforms to carry out monopoly and unfair competition

(4) to respect the legitimate rights and interests of others, not to endanger their physical and mental health, or to infringe upon other people's rights to portrait, reputation, honor, privacy and personal information

(5) based on the characteristics of service types, take effective measures to enhance the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.

Chapter II technological 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 cooperate in generative artificial intelligence technology innovation, data resource construction, transformation and application, risk prevention, etc.

Article 6: encourage independent innovation of basic technologies such as algorithms, frameworks, chips and supporting software platforms of generative artificial intelligence, carry out international exchanges and cooperation on the basis of equality and mutual benefit, and participate in the formulation of relevant international rules of generative artificial intelligence.

Promote the construction of generative artificial intelligence infrastructure and public training data resource platform. Promote the collaborative sharing of computing resources and improve the efficiency of the utilization of computing resources. We will promote the classification and orderly opening of public data, and expand high-quality public training data resources. Encourage the use of secure and reliable chips, software, tools, computing and data resources.

Article 7: generative artificial intelligence service providers (hereinafter referred to as providers) shall carry out training data processing activities such as pre-training and optimization training in accordance with the law, and abide by the following provisions:

(I) use of data and basic models with legitimate sources

(2) those involving intellectual property rights shall not infringe upon the intellectual property rights enjoyed by others in accordance with the law

(3) where personal information is involved, personal consent shall be obtained or other circumstances that comply with the provisions of laws or administrative regulations shall be obtained.

(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, the data Security Law of the people's Republic of China, the personal Information Protection Law of the people's Republic of China, and the relevant regulatory requirements of the relevant competent departments.

Article 8 where data labeling is carried out in the process of 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 quality evaluation of data labeling, sample to check the accuracy of the labeling content; provide necessary training to the labeling personnel to enhance their awareness of respecting and abiding by the law, and supervise and guide the labeling personnel to carry out the labeling work.

Chapter III Service Specification

Article 9: providers shall bear the responsibility of producers of network information content and fulfill their obligations of network information security in accordance with the law. Where personal information is involved, the responsibility of the personal information processor shall be borne in accordance with the law and the obligation of personal information protection shall be fulfilled.

The provider shall sign a service agreement with the generative artificial intelligence service consumer (hereinafter referred to as the consumer) who registers its service to clarify the rights and obligations of both parties.

Article 10 providers shall clarify and disclose the applicable people, occasions and uses of their services, guide users to understand scientifically and rationally and use generative artificial intelligence technology in accordance with the law, take effective measures to prevent minor users from over-relying on or indulging in generative artificial intelligence services.

Article 11: the provider shall perform the obligation to protect the input information and use records of the user in accordance with the law, shall not collect unnecessary personal information, shall not illegally retain the input information and use records that can identify the user, shall not illegally provide the user's input information and use records to others.

The provider shall promptly accept and process requests from individuals to consult, copy, correct, supplement and delete their personal information in accordance with the law.

Article 12: the provider shall identify the generated content such as pictures and videos in accordance with the regulations on the Management of Deep Synthesis of Internet Information Services.

Article 13: providers shall, in the course of their services, provide safe, stable and continuous services to ensure the normal use of users.

Article 14: if the provider discovers the illegal content, it shall promptly take measures such as stopping generation, stopping transmission and elimination, take measures such as model optimization training for rectification, and report to the relevant competent departments.

If the provider discovers that the user is engaged in illegal activities by using the generative artificial intelligence service, it shall, in accordance with the law, take measures such as warning, restricting functions, suspending or terminating the provision of services to them, keep the relevant records, and report to the relevant competent departments.

Article 15: the provider shall establish and improve the complaint and reporting mechanism, set up convenient entry points for complaints and reports, publish the handling process and feedback time limit, accept and handle public complaints and reports in a timely manner and feedback the results.

Chapter IV Supervision, Inspection and legal liability

Article 16 the departments of Internet communication, development and reform, education, science and technology, industry and informatization, public security, radio and television, press and publication shall, in accordance with their respective functions and duties, strengthen the management of generative artificial intelligence services according to law.

The relevant competent departments of the state shall, in the light of the technical characteristics of generative artificial intelligence and its service applications in relevant industries and fields, improve the scientific supervision methods suited to innovation and development, and formulate corresponding classified and hierarchical supervision rules or guidelines.

Article 17: if a generative artificial intelligence service with the attribute of public opinion or the ability of social mobilization is provided, the security assessment shall be carried out in accordance with the relevant provisions of the State, and the procedures of algorithm filing, change and cancellation shall be carried out in accordance with the regulations on the recommendation Management of Internet Information Service algorithms.

Article 18 if users find that generative artificial intelligence services do not comply with the provisions of laws, administrative regulations and these measures, they shall have the right to complain and report to the relevant competent departments.

Article 19: the relevant competent departments shall supervise and inspect the generative artificial intelligence services in accordance with their duties, and the providers shall cooperate in accordance with the law and explain the source, scale, type, marking rules, algorithm mechanism and mechanism of the training data as required, and provide necessary technical and data support and assistance.

The relevant institutions and personnel participating in the security assessment, supervision and inspection of generative artificial intelligence services shall keep confidential the state secrets, trade secrets, personal privacy and personal information that they know in the performance of their duties in accordance with the law, shall not divulge or illegally provide it to others.

Article 20: where the provision of generative artificial intelligence services within China from outside the people's Republic of China does not comply with the provisions of laws, administrative regulations and these measures, the state network information department shall notify the relevant institutions to take technical measures and other necessary measures to deal with them.

Article 21: if a provider violates the provisions of these measures, it shall be punished by the relevant competent departments in accordance with the provisions of laws and administrative regulations such as the Network Security Law of the people's Republic of China, the data Security Law of the people's Republic of China, the personal Information Protection Law of the people's Republic of China, and the Law of the people's Republic of China on Science and Technology Progress. Where there are no provisions in laws or administrative regulations, the relevant competent departments shall, in accordance with their duties, give them warnings, circulars and criticisms, and order them to make corrections within a time limit; if they refuse to make corrections or the circumstances are serious, they shall be ordered to suspend the provision of relevant services.

If the act constitutes a violation of the administration of public security, the administrative punishment of public security shall be imposed according to law; if the act constitutes a crime, criminal responsibility shall be investigated according to law.

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, video, etc.

(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) consumers of generative artificial intelligence services refer to organizations and individuals that use generative artificial intelligence services to generate content.

Article 23 where laws or administrative regulations stipulate that the provision of generative artificial intelligence services shall obtain the relevant administrative license, the provider shall obtain the license in accordance with the law.

Generative artificial intelligence services for foreign investment shall comply with the provisions of relevant laws and administrative regulations on foreign investment.

Article 24: these measures shall enter into force as of August 15, 2023.

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