How can the legal industry leverage its own advantages to support the compliance development of China's AIGC industry?

2024 07/31
Artificial intelligence is a new field of human development that brings significant opportunities, but also unpredictable risks and challenges that require the international community to jointly address.   This is a concrete action taken by China to actively practice the concept of a community with a shared future for mankind, implement global development initiatives, global security initiatives, and global civilization initiatives.

The "Initiative" systematically elaborates on the governance of artificial intelligence in China, focusing on three aspects: development, security, and governance. The core content includes: adhering to the principle of people-oriented and intelligent goodness, guiding artificial intelligence to develop in a direction that is conducive to the progress of human civilization; Adhere to mutual respect, equality, and mutual benefit, oppose ideological demarcation or the construction of exclusive groups, and maliciously obstruct the development of artificial intelligence in other countries; Advocating the establishment of an artificial intelligence risk level testing and evaluation system, continuously improving the safety, reliability, controllability, and fairness of artificial intelligence technology; Support the formation of a global artificial intelligence governance framework and standard norms with broad consensus based on full respect for the policies and practices of all countries, and support the establishment of an international artificial intelligence governance body under the framework of the United Nations; Strengthen international cooperation and assistance for developing countries, bridge the gap in intelligence and governance, etc.

The "Initiative" proposes constructive solutions to the development and governance of artificial intelligence that are of common concern to all parties, providing a blueprint for relevant international discussions and rule making. China is willing to engage in communication, exchange, and practical cooperation with all parties on global artificial intelligence governance, and promote the benefits of artificial intelligence technology for all mankind.

The Compliance Guidelines for Generative Artificial Intelligence Data Applications (AIGC) is a technique that utilizes artificial intelligence technology to learn and recognize patterns from existing data, and generate relevant content with appropriate generalization ability. AIGC can create various types of content, such as text, images, audio, video, etc., bringing innovation and value to multiple fields such as cultural media, business, education, finance, healthcare, and industry.

However, the development and application of AIGC also face some compliance challenges, mainly including the following aspects:

Data security risks

The generation of AIGC relies on massive amounts of data, which may involve personal information, sensitive information, important data, etc. If not effectively protected and managed, it may lead to data leakage, abuse, tampering, etc., thereby infringing on the rights and interests of data subjects and endangering national security and public interests.

Copyright infringement risk

The generation process of AIGC may involve the use of copyrighted works by others, such as text, images, music, etc. Without the permission of the rights holder or compliance with legal licensing or reasonable use conditions, it may constitute an infringement of the rights holder's reproduction rights, editing rights, information network dissemination rights, etc., and thus bear corresponding legal responsibilities.

Deep forgery risk

AIGC may also be used to create deepfake content such as fake text, audio, video, etc., such as AI face swapping, voice simulation, character synthesis, etc. These contents may mislead the public, damage the reputation, portrait, privacy and other rights of others, or be used for illegal and criminal activities such as fraud, incitement, interference, etc., thereby endangering social order and public interests.

Risk of trade secret leakage

In the process of using AIGC, in order to obtain more accurate generation results, users may need to provide some detailed background information, which may involve the user's own or third-party trade secrets that have a cooperative relationship with the user, such as technical solutions, business strategies, customer information, etc. If these information are not effectively kept confidential and encrypted, they may be obtained, utilized or leaked by AIGC developers or other third parties, causing economic losses or competitive disadvantages to the user or third parties.

In order to address these compliance challenges, it is necessary to develop corresponding laws, regulations, and standards to regulate and guide AIGC's data applications, improve the data compliance level of enterprises, protect the legitimate rights and interests of data subjects, maintain data security and cyberspace security, and promote the innovation and development of generative artificial intelligence. In this regard, the legal industry can leverage its professional advantages to provide strong support and services for the compliant development of China's AIGC industry.

The professional advantages of the legal industry are mainly reflected in the following aspects:

Legal knowledge and skills

The legal profession has rich legal knowledge and skills, able to accurately understand and interpret laws, regulations, and standards, provide compliance guidance and normative suggestions for AIGC's data applications, help enterprises comply with relevant data security laws and regulations, such as the Cybersecurity Law, Data Security Law, Personal Information Protection Law, etc., collect, process, use, and transmit data legally, reasonably, and necessary, and take effective technical and management measures to prevent data leakage, loss, damage, tampering, etc.

Legal services and consulting

The legal industry can provide professional legal services and consultation for AIGC's data applications, offer relevant legal advice and suggestions to enterprises, assist in processing various legal documents, including contracts, memoranda, agreements, etc., improve the efficiency and accuracy of document processing, offer various legal training and courses to enterprises, help enterprises more accurately understand legal knowledge and processes, improve legal literacy and problem-solving ability, provide due diligence, risk assessment, compliance audit and other services to enterprises, help enterprises timely discover and prevent potential legal risks and disputes, provide litigation support, agency, mediation, arbitration and other services to enterprises, and assist enterprises in effectively safeguarding their legitimate rights and reputation.

Standard drafting and participation

The legal profession can participate in the drafting and participation of AIGC's data application compliance guidelines and standards, utilizing their legal expertise and skills to provide detailed interpretations and explanations of the content and structure of the standards, with a focus on elaborating on the main content of the standards, including the basic principles of AIGC's data application, compliance requirements for data collection, storage, processing, use, sharing, and destruction, measures and methods for data security and privacy protection, supervision and management mechanisms for data applications, prevention and resolution of data disputes, etc. At the same time, they can also put forward their own opinions and suggestions, engage in in-depth exchanges and discussions with other experts, and contribute to the final formation of the standards.

The legal industry can start by participating in standard drafting work, leveraging its professional advantages to provide strong support and services for the compliant development of China's AIGC industry, and promote the healthy and sustainable development of AIGC.