Expert: It is necessary to make special legislation when conditions are ripe, and infringement becomes the biggest legal risk information of AIGC | problem | risk

Release time:Apr 14, 2024 02:40 AM

"What should AIGC do if it provides false information?" "Can algorithms be defined as trade secrets?" "Will artificial intelligence replace prosecutors in handling cases?"... These questions were repeatedly raised at the 2023 World Artificial Intelligence Conference Rule of Law Forum. ".

With the continuous development of artificial intelligence technology and the deepening of commercial application, legal disputes related to artificial intelligence have gradually increased. On July 7th, at the WAIC main forum with the theme of "Digital Governance: Legal Response to Generative Artificial Intelligence", experts from the legal, industrial, and artificial intelligence communities gathered to discuss the legal risks of the hottest "Generative Artificial Intelligence" at present.

"The problems of network security, privacy protection and unfair competition are not unique to AIGC, and the digital economy will encounter them. However, whether the content produced by AIGC has effective rights and interests is a big issue at present." Feng Qiao, deputy general manager of Ant Group Alipay, raised a question on behalf of the enterprise on the forum.

The biggest legal risk faced by AIGC is the generation of false information, the washing of manuscripts, and the infringement caused by the washing of paintings. Experts on the forum stated that unlike general infringement behavior, generative artificial intelligence will not cause large-scale violations of personal and property safety, but its infringement has direct transparency. This leads to false information being easily obtained and disseminated. Once discussed on a large scale, it not only has a significant impact on users, but can even cause instability in social opinion.

To consider the infringement of AIGC, Huang Kaisheng, President of Zhejiang Tsinghua Yangtze River Delta Research Institute, first asked ChatGPT a legal question. The result was a big surprise. ChatGPT, in response to the question of "what elements of judicial determination should be considered in intellectual property disputes", ChatGPT not only gave a decent answer, but also wrote six expositions. Huang Kaisheng found that artificial intelligence can not only directly find specific legal provisions and extract key information, but also discuss legal news in combination with specific cases and types, assist judicial judgment, and give specific provisions and applicable situations.

How can the legal community respond to the constantly evolving and upgrading AIGC, which is already intelligent like this? Wang Liming, Vice President of the China Law Society and Professor at Renmin University of China, called on the legal community to pay attention to the risks brought by generative artificial intelligence, be brave in innovation, and take proactive measures to prevent them. "The biggest risk is not artificial intelligence, but technological backwardness.".

On June 14th of this year, the European Parliament just voted to pass the world's first comprehensive legislation specifically targeting artificial intelligence, especially generative artificial intelligence, known as the Artificial Intelligence Act, marking the world's beginning to strengthen regulation of artificial intelligence through legislation.

Artificial intelligence governance requires more legal protection, but legislation on artificial intelligence is not an easy task. Shanghai University of Political Science and Law President Liu Xiaohong introduced that due to the breakthrough development and widespread application of artificial intelligence technology, on the one hand, artificial intelligence and the legal system present a more complex interactive relationship, and the challenges and problems faced by artificial intelligence legal system are also increasing. On the other hand, whether it is legislation, law enforcement, or policy implementation, various regions are blooming, and the legal regulations of artificial intelligence are changing rapidly.

Regarding AIGC legislation, Wang Liming stated, "Currently, due to the infringement caused by generative artificial intelligence, I personally believe that it has not completely exceeded the relevant provisions of the Civil Code and the Personal Information Protection Law. However, this does not mean that our response is sufficient. We also need to establish relevant compliance standards, and when conditions are ripe in the future, we need to launch special legislation provisions for new technologies of generative artificial intelligence to effectively protect the legitimate rights and interests of civil organizations and promote the healthy development of artificial intelligence."

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