The revival of artificial intelligence technology must adhere to the legal bottom line
2024-03-22
With the increasingly widespread application of AI technology, it is inevitable to encounter regulatory blind spots. The AI industry should accelerate the formulation of industry standards and the construction of self-discipline norms; Regulatory authorities should actively improve laws and regulations, and draw clear red lines and bottom lines for technological innovation and application. Recently, some netizens have used artificial intelligence (AI) technology to resurrect deceased celebrities and released related videos. The digital figures in the video have the same appearance and voice as the deceased celebrity. Although the content conveyed is goodwill and comfort, it still sparked controversy. Currently, all related videos have been taken down. With the development of AI technology, virtual "resurrection" based on the digital image of the deceased has become possible. At present, creating digital human images for deceased relatives and friends has become a niche industry. Customers only need to pay a hundred to ten thousand yuan to create digital images with different levels of realism and interaction. Although it can bring comfort to the family and friends of the deceased, this approach also faces legal risks. The reason why "resurrection" stars are controversial is that the producers used the image and voice information of deceased public figures to create digital images without the consent of their families. Article 994 of the Civil Code stipulates that "if the name, portrait, reputation, honor, privacy, and body of the deceased are infringed upon, their spouse, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law; if the deceased has no spouse, children, and parents have already died, other close relatives have the right to request the perpetrator to bear civil liability in accordance with the law.". At present, some lawyers have stated that the act of producing AI virtual videos of others without permission is suspected of infringing on the portrait rights of the parties involved. Even if it is not for the purpose of profit, the above behavior may still constitute infringement. With the increasingly widespread application of AI technology, it is inevitable to encounter regulatory blind spots. In order to better benefit society with technology, the AI industry should accelerate the formulation of industry standards and the construction of self-discipline norms; Regulatory authorities should actively improve laws and regulations to draw clear red lines and bottom lines for technology. Fortunately, in recent years, China has introduced relevant regulatory regulations and further improved its regulatory system. Last year, China's first regulatory document on Generative Artificial Intelligence (AIGC), the "Interim Measures for the Management of Generative Artificial Intelligence Services," was released, which put forward requirements for the authenticity and accuracy of content generated by using Generative Artificial Intelligence, and the prevention of false information. The previously implemented Provisions on the Administration of Deep Synthesis of Internet Information Services also defines the data and technical management specifications of deep synthesis content, in which Article 14 states that "if deep synthesis service providers and technical supporters provide face, voice and other biometric information editing functions, they should prompt users of deep synthesis services to inform the edited individuals according to law and obtain their separate consent". The controversy over AI technology goes far beyond this. On March 15th this year, the media exposed the use of digital generation technology by criminals to commit fraud, which is exactly the same technology used to create digital figures of the deceased. The same technology, when used properly, can soothe people's hearts, but if not used properly, it can become an accomplice in infringing on the rights and interests of others. The endless problems and controversies once again demonstrate that new technologies not only benefit society, but also bring new problems and challenges. We should
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