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Actively explore the establishment of China's AI governance and application guide system

2024-08-28   

In recent years, the rapid development of artificial intelligence technology has not only empowered human social and economic progress, but also brought security risks and challenges. The urgency of building an artificial intelligence governance system is becoming increasingly prominent, as it aims to promote the development and application of artificial intelligence technology while ensuring its safety, reliability, and controllability during the development process. Countries around the world are actively exploring methods and paths for artificial intelligence governance. In March of this year, the White House Office of Management and Budget (OMB) released the "Memorandum to Heads of Executive Departments and Agencies" (hereinafter referred to as the "Guidelines"). The Guidelines require the establishment of a Chief Artificial Intelligence Officer (CAIO), the formation of an Artificial Intelligence Governance Committee, the promotion of innovation in artificial intelligence applications, and adherence to minimum risk management practices, among others, to establish new management requirements and practical guidelines for advancing artificial intelligence governance, innovation, and risk management. As a responsible technology powerhouse, China actively promotes the optimization and improvement of its artificial intelligence governance system. Some of the contents in the "Guidelines" have reference value for promoting the application and governance practices of artificial intelligence in Chinese government departments. The main content of the "Guidelines" is to first strengthen the governance architecture system of artificial intelligence. One is to establish a Chief Artificial Intelligence Officer. Each federal agency shall establish a Chief Artificial Intelligence Officer within 60 days of the release of the Guidelines, which also provide clear requirements for the role, responsibilities, level, position, and reporting structure of the Chief Artificial Intelligence Officer. The second is to establish an artificial intelligence governance committee, which will convene high-level officials' meetings to coordinate and manage the application of artificial intelligence in the unit, and remove obstacles and control risks. The third is to implement compliance plan management. Federal agencies shall submit compliance plans to OMB every two years from the signing of the Guidelines within 180 days until 2036, to ensure that their governance principles and directions are consistent with the Guidelines. The fourth is to implement use case list management. Each federal agency is required to establish a list of artificial intelligence use cases and submit it to OMB on an annual basis, while also making it publicly available. Federal agencies also need to identify artificial intelligence use cases that affect security and rights, disclose details of use case risks and risk prevention measures. Secondly, promote responsible innovation in artificial intelligence. One is to implement artificial intelligence strategic management. Each federal agency is required to develop and publicly release its own artificial intelligence development strategy within 365 days of the release of the Guidelines, identify and remove obstacles to the application of artificial intelligence, and enhance the overall maturity of its artificial intelligence development. The second is to remove obstacles for the responsible use of artificial intelligence. The "Guidelines" clarify the basic principle of "responsible use of artificial intelligence", which is to strengthen bottom line supervision while eliminating unnecessary and useless barriers to the use of artificial intelligence, ensuring that federal agencies have sufficient flexibility to use artificial intelligence, and proposing specific guidance and suggestions in four aspects: IT facilities, data, network security, and generative artificial intelligence. The third is to strengthen the cultivation of artificial intelligence talents. The Guidelines specify that federal agencies need to strengthen the selection, utilization, cultivation, and retention of artificial intelligence talents within their institutions, and enhance their ability to innovate and apply artificial intelligence. The fourth is to promote the sharing and cooperation of artificial intelligence. Federal agencies need to share their artificial intelligence codes, models, and data in a way that is conducive to government and public reuse and collaboration, ensuring legal and policy compliance for AI applications and protecting public rights. Finally, effectively manage the risks associated with the application of artificial intelligence. One is to implement minimum risk management practices. All federal agencies are required to implement minimum risk management practices for artificial intelligence (systems) related to security and rights by December 1, 2024, and cease the use of artificial intelligence that does not meet minimum risk management requirements. The second is to implement a system of regular review, report disclosure, and exemption management. Federal agencies are required to conduct regular reviews and evaluations to determine whether artificial intelligence systems have an impact on security and rights, whether they comply with the minimum risk management practices outlined in the Guidelines, and to decide whether to terminate the use or seek exemptions for AI systems that do not meet the requirements. Each federal agency is required to record and report the review results, and disclose them to the public when necessary. The "Guidelines" are essentially based on existing legal foundations such as cybersecurity, privacy protection, civil rights, and data openness, weaving a regulatory governance system with "artificial intelligence applications" as its core. It not only encourages the application and innovation of artificial intelligence, but also forms a systematic prevention and control of risks associated with artificial intelligence, especially generative artificial intelligence. The release of the "Guidelines" is an active response to the widespread application of general artificial intelligence, providing reliable guidelines for government departments to deploy and use artificial intelligence, and forming exemplary practices and soft behavioral constraints for market departments. The main characteristics of China's AI governance As a responsible scientific and technological power, China actively promotes the optimization and improvement of the AI governance system. At present, a legal framework for the governance of artificial intelligence has been formed, with the Cybersecurity Law of the People's Republic of China, the Data Security Law of the People's Republic of China, and the Personal Information Protection Law of the People's Republic of China as the main body. Clear requirements have been made for the involvement of artificial intelligence in data collection, data processing, network security, data security, and personal information protection. The Interim Measures for the Management of Generative Artificial Intelligence Services regulate the provision and use of generative artificial intelligence services, including technological development, service standards, supervision and inspection, and legal responsibilities. The release of the Guidelines for the Construction of the Comprehensive Standardization System of the National Artificial Intelligence Industry and the Guidelines for the Construction of the National New Generation Artificial Intelligence Standard System also effectively promoted the formation of China's artificial intelligence standard system. In terms of domestic governance, the "Technology Ethics Review Measures (Trial)" and the "Interim Measures for the Management of Generative Artificial Intelligence Services" have been introduced, proposing a Chinese plan for artificial intelligence governance. In terms of global governance, we actively advocate for international cooperation and global co governance. The "Global Artificial Intelligence Governance Initiative" and the "Shanghai Declaration on Global Governance of Artificial Intelligence" adhere to the principle of "people-oriented, intelligent for good", providing the world with a new perspective on artificial intelligence governance based on the concept of a community with a shared future for mankind, and actively contributing Chinese wisdom to global artificial intelligence governance. The Guiding Opinions on Accelerating Scene Innovation and Promoting High quality Economic Development through High level Application of Artificial Intelligence in 2022 propose respecting the development laws of artificial intelligence, leveraging the initiative of the government and the market, jointly providing institutional supply for scene innovation, and promoting the coordination between artificial intelligence innovation development and regulatory norms. In June 2024, the Ministry of Industry and Information Technology and four other departments issued the "Guidelines for the Construction of the National Artificial Intelligence Industry Comprehensive Standardization System (2024 Edition)", which also requires the improvement of governance standards, combined with the actual needs of artificial intelligence governance, to standardize the technology research and development, operation services, and full life cycle governance of artificial intelligence. China's AI governance continues to move towards systematic deepening. Although China has established the basic compliance of artificial intelligence governance through the formulation of the above-mentioned laws, regulations, and standard guidelines, there is still a lack of reliable normative guidance on how to use and govern artificial intelligence (especially generative artificial intelligence) in specific fields (including government affairs). At the same time, due to some shortcomings and deficiencies in the establishment of artificial intelligence governance architecture and institutional norms in China, there is a lack of governance architecture such as the Chief Artificial Intelligence Officer and the Artificial Intelligence Governance Committee, as well as institutional norms such as compliance plan management, use case list management, departmental development strategy management, minimum risk management practices, regular review and report disclosure. It is difficult for the central or provincial government to form a comprehensive grasp and orderly coordination of the internal use of artificial intelligence, and various departments cannot form effective collaboration in artificial intelligence application innovation and artificial intelligence risk management. In addition, there is a lack of high-level guiding documents in China, which will have three adverse effects: firstly, it is not conducive to the formation of coordinated and consistent artificial intelligence deployment and governance supervision among various departments within the government; Secondly, it is not conducive to the government's guidance and demonstration role. Government procurement and utilization are the best "industrial policies" that usually serve as a demonstration and leading role for various industries; Thirdly, it is not conducive to alleviating people's anxiety and resistance towards the application of artificial intelligence systems. Accelerating the development of artificial intelligence governance guidelines that are in line with China's actual situation can be used to attack jade, and other countries' beneficial explorations in artificial intelligence governance and application practices can also be applied to me. At present, we should speed up the development of AI governance guidelines in line with China's actual conditions in combination with China's AI governance and application practices. Firstly, optimize the organizational structure of artificial intelligence governance. The application and governance of artificial intelligence in local administrative units are coordinated by the central government or provincial governments. On the basis of strengthening data element management, we will attempt to introduce the Chief Artificial Intelligence Officer and Artificial Intelligence Governance Committee system to form an artificial intelligence governance system and reporting system that includes various levels and departments. Secondly, improve the system of artificial intelligence governance tools. It is recommended to introduce management tools such as compliance plan management, use case list management, departmental development strategy management, minimum risk management practices, regular review and report disclosure, etc., to improve the artificial intelligence governance tool system of government departments in China. Thirdly, promote the best practices of artificial intelligence governance. Collecting best practices in government departments' application and governance of artificial intelligence nationwide, and based on the "Guidelines for the Construction of National New Generation Artificial Intelligence Standard System", combined with the widespread application of generative artificial intelligence, forming and promoting a nationally binding guide for government artificial intelligence application and governance. (New Society)

Edit:Xiong Dafei Responsible editor:Li Xiang

Source:JJCK

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