1. Tracing the Roots of China’s AI Regulations
- Author:
- Matt Sheehan
- Publication Date:
- 02-2024
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- In 2021 and 2022, China became the first country to implement detailed, binding regulations on some of the most common applications of artificial intelligence (AI). These rules formed the foundation of China’s emerging AI governance regime, an evolving policy architecture that will affect everything from frontier AI research to the functioning of the world’s second-largest economy, from large language models in Africa to autonomous vehicles in Europe. U.S. political leaders often warn against letting China “write the rules of the road” in AI governance. But if the United States is serious about competing for global leadership in AI governance, then it needs to actually understand what it is competing against. That requires examining the nuts and bolts of both China’s AI regulations and the policy process that shaped them. This paper is the second in a series breaking down China’s AI regulations and pulling back the curtain on the policymaking process shaping them. The Chinese Communist Party (CCP) and the Chinese government started that process with the 2021 rules on recommendation algorithms, an omnipresent use of the technology that is often overlooked in international AI governance discourse. Those rules imposed new obligations on companies to intervene in content recommendations, granted new rights to users being recommended content, and offered protections to gig workers subject to algorithmic scheduling. The Chinese party-state quickly followed up with a new regulation on “deep synthesis,” the use of AI to generate synthetic media such as deepfakes. Those rules required AI providers to watermark AI-generated content and ensure that content does not violate people’s “likeness rights” or harm the “nation’s image.” Together, these two regulations also created and amended China’s algorithm registry, a regulatory tool that would evolve into a cornerstone of the country’s AI governance regime. Contrary to popular conception in the rest of the world, China’s AI governance regime has not been created by top-down edicts from CCP leadership. President Xi Jinping and other top CCP leaders will sometimes give high-level guidance on policy priorities, but they have not been the key players when it comes to shaping China’s AI regulations. Instead, those regulations have been the product of a dynamic and iterative policymaking process driven by a mix of actors from both inside and outside the Chinese party-state. Those actors include mid-level bureaucrats, academics, technologists, journalists, and policy researchers at platform tech companies. Through a mix of public advocacy, intellectual debate, technical workshopping, and bureaucratic wrangling, these actors laid the foundations for China’s present and future AI regulations. This paper traces the progression of these regulations through the “policy funnel” (see figure 1) of Chinese AI governance. For both recommendation algorithms and deep synthesis rules, the initial spark for the regulation came from long-standing CCP concerns about the creation and dissemination of online content. For the former, the rise of the algorithmically driven news app Toutiao threatened the CCP’s ability to set a unified narrative and choose which stories are pushed to readers. In the case of deep synthesis, online face swap videos grabbed the attention of the Chinese public and led government regulators to consider the threat of deepfakes. Over the course of 2017–2020, these concerns made their way through China’s bureaucracy. Regulators took a series of stopgap measures in specific applications, while also tasking policy analysts and government-adjacent technical organizations with exploring different regulatory interventions.
- Topic:
- Science and Technology, Governance, Regulation, and Artificial Intelligence
- Political Geography:
- China, East Asia, and Asia