[Salon] What the U.S. Can Learn From China About Regulating AI



https://foreignpolicy.com/2023/09/12/ai-artificial-intelligence-regulation-law-china-us-schumer-congress/

What the U.S. Can Learn From China About Regulating AI
Over the past two years, China has enacted some of the world’s earliest and most sophisticated rules for AI.

By Matt Sheehan, a fellow at the Carnegie Endowment for International Peace.

SEPTEMBER 12, 2023, 3:04 PM
On Sept. 13, U.S. Senate Majority Leader Chuck Schumer will hold a closed-door AI Insight Forum to inform how Congress should approach regulating artificial intelligence. Among the attendees will be Alphabet CEO Sundar Pichai and Tesla CEO Elon Musk, as well as representatives from U.S. labor and civil society organizations.

But for grounded insights into how to regulate AI, Schumer’s team should look in an unlikely place: China.

Over the past two years, China has enacted some of the world’s earliest and most sophisticated regulations targeting AI. On the surface, these regulations are often anathema to what U.S. leaders hope to achieve. For instance, China’s recent generative AI regulation mandates that companies uphold “core socialist values,” whereas Schumer has called for legislation requiring that U.S. AI systems “align with our democratic values.”

Yet those headline ideological differences blind us to an uncomfortable reality: The United States can actually learn a lot from China’s approach to governing AI. Of course, Washington shouldn’t require that AI systems “adhere to the correct political direction,” as one Chinese regulation mandates. But if we can look beyond the ideological content of the rules, we can learn from the underlying structure of the regulations and the process by which China has rolled them out. If taken seriously, those structure- and process-oriented lessons could be invaluable as U.S. leaders navigate a morass of AI issues over the coming years.

The clearest difference between the nascent congressional approach and China’s regulations lies in their scope. Schumer is leading a push for comprehensive AI legislation that would address the technology’s impact on national security, jobs, misinformation, bias, democratic values, and more. That approach is praiseworthy for its ambition, but cramming solutions to all of these problems into a single piece of legislation is almost impossible. The contours of these problems are just coming into focus, and the interventions needed to address each issue may prove wildly different.

By contrast, the Chinese government has taken a targeted and iterative approach to AI governance. Instead of immediately going for one all-encompassing law that covers all of AI, China has picked out specific applications that it was concerned about and developed a series of regulations to tackle those concerns. That has allowed it to steadily build up new policy tools and regulatory know-how with each new regulation. And when China’s initial regulations proved insufficient for a fast-moving technology like AI, it quickly iterated on them.

The Chinese government started with a pair of regulations targeting AI applications that threatened a core priority: control over the creation and dissemination of information online. Algorithm-driven news apps, including one created by TikTok’s parent company, ByteDance, were eroding the Chinese Communist Party’s ability to prioritize which news stories got put in front of Chinese readers.

So, in 2021, China’s cyberspace regulator rolled out new rules governing the recommendation algorithms used to personalize content for users. It ordered companies to ensure recommended content didn’t violate censorship controls and gave Chinese users new rights, such as the right to turn off algorithmic recommendations and to delete certain tags used to personalize content for them. The regulations even reinforced the rights of gig workers whose schedules and compensation are determined by algorithms—an attempt by Chinese regulators to address public outcry over exploitative labor practices by algorithm-driven food delivery companies.

At the same time, the Chinese government was growing concerned about the impact of deepfakes. So, in 2022, it imposed a set of rules covering “deep synthesis,” a Chinese term for synthetically generated images, video, audio, and text—what we today call generative AI. The regulation contained many boilerplate ideological controls, but it also mandated that companies apply digital watermarks and conspicuous labels to synthetically generated content, a policy idea recently pushed by the White House.

However, just five days after China’s deep synthesis regulation was enacted, OpenAI changed the game when it released ChatGPT. The Chinese regulation technically covered AI-generated text, but it was designed with visual content in mind. Large language models such as ChatGPT presented new issues, so Chinese regulators quickly set to work crafting a new generative AI regulation addressing those concerns. They released a draft regulation in April and a finalized version in July. Even that finalized regulation that went into effect in August is still labeled as “interim,” allowing for further iteration on it as the technology evolves.

That quick turnaround was made easier because China had used the previous two regulations to begin building out its regulatory toolkit for AI. Key among these tools was the algorithm registry, a government database for gathering basic information on algorithmic systems. Companies deploying algorithms in regulated fields must disclose what datasets they were trained on, whether they utilize biometric information, and the results of a “security self-assessment” conducted by the companies.

The registry was created by the regulation on recommendation algorithms, and it was reused in the deep synthesis and generative AI regulations. Similarly, the requirement to label AI-generated content first appeared in the deep synthesis regulation and was then included in the generative AI regulation.

Along the way, Chinese regulators have been learning from and iterating on these requirements. They’re figuring out what they don’t know and what information is actually useful for regulators to gather. It’s a learning-by-doing approach that prioritizes getting started on specific problems before trying to craft one all-encompassing regulation.

And that’s where Schumer and his colleagues can learn something from China’s approach. Instead of trying to pass one massive piece of umbrella AI legislation, Congress should pick one or two concrete issues to tackle first—for example, misinformation threats from highly realistic deepfakes.

In crafting that targeted regulation, policymakers can build up their understanding of the technology and effective interventions. They can begin creating new regulatory tools, such as technical watermarking requirements or model audits, that can be reused and iterated on in future legislation. Accumulating that know-how and building up regulatory tools will then allow policymakers to respond more quickly to new AI challenges that lie ahead.

As countries around the world begin to experiment with how to govern AI, there is an enormous opportunity to learn from one another. In my conversations with members of China’s AI policy community, they consistently ask about the latest proposals in the United States and Europe, analyzing these debates and picking out ideas that can be adapted for the Chinese context. Despite the political and ideological differences, China’s policy community remains committed to understanding the U.S. approach to governing AI and learning from it where it can.

That willingness to learn from a rival can be a major advantage in geopolitics. If policymakers in the United States can manage to do the same, it might just give them a leg up in the competition to shape the future of AI, both at home and abroad.

Matt Sheehan is a fellow at the Carnegie Endowment for International Peace. Twitter: @mattsheehan88


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