Forum: analyzing an expert proposal for china’s artificial intelligence law

Abstract

China’s emerging approach to artificial intelligence regulation, as reflected in a scholars’ draft of an AI Law from the Chinese Academy of Social Sciences, reveals both convergences and divergences with international regulatory frameworks. The draft proposes a “negative list” system requiring permits for certain AI development activities, while establishing a dedicated National AI Office to prevent regulatory fragmentation. Key provisions include oversight of foundation models through social responsibility reporting, human control requirements, and mechanisms balancing innovation with safety. The draft addresses issues of regulatory overlap with existing data protection frameworks, allocation of responsibilities across the AI value chain, and differential treatment of various AI actors. While sharing some common concerns with Western approaches around safety and transparency, the Chinese framework diverges in its more structured regulatory approach compared to the U.S.’s minimal regulation stance. Significant questions remain about implementation details, particularly regarding the scope of the negative list and the new AI office’s authority relative to existing regulatory bodies. - AI-generated abstract