C255a101ea1fcc66a985f9d3be5fe10b · Table (p.1)
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| BEIJING∣SHANGHAI∣SHENZHEN∣HONG KONG∣HAIKOU∣WUHAN∣SINGAPORE | ||||||||
| Interim Measures of Generative AI Services Released | ||||||||
| Authors: Kevin DUAN 丨 Kemeng CAI 丨 Jin JIN | ||||||||
| On July 13, 2023, | the Cyberspace Administration of China | (“CAC”), | together with | the National | ||||
| Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, | ||||||||
| the Ministry of Industry and Information Technology, the Ministry of Public Security, and the National Radio | ||||||||
| and Television Administration issued the Interim Measures for Generative Artificial Intelligence Services | ||||||||
| (the “Interim Measures”), which will come into effect on August 15, 2023. The Interim Measures have | ||||||||
| been substantially | revised based on public | feedback | received | in | response | to | the Measures | for |
| Administration of Generative Artificial Intelligence Services (the “Draft”), which the CAC issued for public | ||||||||
| comments on April 11. | Compared to the Draft, the Interim Measures provide greater tolerance for | |||||||
| immature generative AI services and place more emphasis on encouraging technological development | ||||||||
| and innovation, while better balancing development and security at the principle and institutional levels. | ||||||||
| In this article, we briefly analyze the Interim Measures in terms of the scope of application, regulatory | ||||||||
| approach, interplay with the existing system, data training, service application, and foreign investment | ||||||||
| restrictions, with a focus on the optimizations and innovations in the Interim Measures based on the Draft, | ||||||||
| as well as their potential impacts. | ||||||||
| The applicable scope emphasizes the provision of services to the domestic public, | ||||||||
| excludes research and internal applications | ||||||||
| Article 2 of the Interim Measures stipulates that “these Measures shall apply to the utilization of generative | ||||||||
| artificial intelligence technologies to provide services for generating text, images, audio, video, and other | ||||||||
| content to the public within the territory of the People’s Republic of China (hereinafter referred to as GAI | ||||||||
| services)”, emphasizing that the target of the Interim Measures is the provision of GAI services to the public | ||||||||
| in the People’s Republic of China. The Interim Measures emphasize that the target of regulation is the | ||||||||
| provision of GAI services “to the public within the territory of the People’s Republic of China”. Compared | ||||||||
| to the Draft, the Interim Measures incorporate public comments and exclude from their scope of application | ||||||||
| the research, development and application of GAI technologies that do not provide services to the domestic | ||||||||
| public. This greatly reduces the compliance burden at the model development stage, while the latter | ||||||||
| alleviates | the compliance concerns of many enterprises when accessing GAI services | for | internal | |||||
| application purposes such as improving work efficiency, reflecting the Interim Measures’ prudent and | ||||||||
| inclusive regulatory approach and the policy goal of encouraging innovation. | ||||||||
| www.hankunlaw.com | ||||||||
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