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生成式AI被滥用如何治理?学者建议用好现有规则发展中规范
Nan Fang Du Shi Bao· 2025-12-18 10:55
Core Viewpoint - The emergence of generative artificial intelligence (AI) raises significant legal challenges, particularly concerning copyright and infringement issues, necessitating a careful regulatory approach that utilizes existing laws rather than rushing into new legislation [2][3][4] Group 1: Current Legal Framework and Recommendations - Current specialized legislation for AI infringement is considered premature; instead, existing laws such as the Civil Code and Personal Information Protection Law should be leveraged to address AI-related infringement issues [3][4] - The approach should focus on "regulating in development," utilizing existing legal frameworks to interpret and apply rules effectively while accumulating case law and judicial interpretations [4][10] Group 2: Infringement Liability and Standards - The core legal issue in AI infringement revolves around the choice of liability principles, with a preference for "fault liability" over "strict liability" to avoid stifling AI development [5][6] - The standard for determining fault in AI infringement should center on "breach of duty of care," considering specific scenarios to balance risk management costs with reasonable obligations [6][7] Group 3: Deepfake Technology and Personal Information - There is a need to prohibit the use of deepfake technology to infringe on others' rights, with recommendations to interpret existing laws to address deepfake-related infringements effectively [8][9] - The treatment of publicly available personal information should differentiate between input and output stages, allowing for the use of such data in model training without individual consent, while ensuring that output results do not infringe on copyright [8][9] Group 4: Regulatory Philosophy - The regulatory philosophy should embrace a cautious, inclusive, and open attitude towards the development of generative AI, ensuring that innovation occurs within a safe and controlled environment [10]
“最强外脑”上线,技术调查官是个什么“官”?
Sou Hu Cai Jing· 2025-08-04 02:16
Core Viewpoint - The article emphasizes the role of technology investigation officers in enhancing the efficiency and quality of legal proceedings in Shanghai's Jing'an District, showcasing a model for modernizing judicial practices and improving the business environment [1][2][3]. Group 1: Technological Integration in Legal Proceedings - Jing'an District has established inspection service stations in key commercial areas to create a first-class business environment and support new productivity [2]. - The introduction of technology investigation officers aims to address the increasing technical complexity of cases, particularly in areas like cybercrime and intellectual property [3][4]. - The first batch of 60 technology investigation officers was appointed to assist in resolving specialized technical issues within the judicial process [3]. Group 2: Case Studies and Practical Applications - A notable case involved the prosecution of an individual for unauthorized video distribution, where technology investigation officers helped identify over 4,000 instances of copyright infringement [3]. - In another case, technology investigation officers assisted in analyzing a self-developed program used for illegal account registration in online gaming, leading to a conviction [5]. - The involvement of technology investigation officers has significantly improved the confidence of prosecutors in handling complex cases involving computer programs and electronic evidence [5]. Group 3: Public Interest Litigation and Environmental Issues - The article discusses how technology investigation officers have been utilized in public interest litigation, particularly in addressing light pollution issues in residential areas [6][7]. - They employed scientific equipment to gather data on light pollution, which helped in establishing core evidence and facilitating multi-department collaboration for urban governance [7]. - The Jing'an District Prosecutor's Office has engaged technology investigation officers in various public interest cases, leading to over 200 instances of technical opinion issuance [7]. Group 4: Urban Governance and Safety - The article highlights the importance of integrating legal and technical expertise to enhance urban governance, particularly in traffic safety [8][9]. - Technology investigation officers have been involved in assessing traffic signal timing and road safety, leading to adjustments in traffic management across multiple intersections [8]. - The collaboration between prosecutors and technology investigation officers aims to create a more effective governance model that addresses urban challenges [9].