Abstract
On the occasion of the centenary of the founding of the Communist Party of China, the Blue Book on AI and the Rule of Law in the World (2021) was published.
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Notes
- 1.
New infrastructure construction (referred to as “new infrastructure”) mainly covers seven areas: 5G infrastructure, ultra-high voltage, intercity high-speed railway and intercity rail transit, new-energy vehicle charging piles, big data centers, AI and industrial Internet. On April 20, 2020, the National Development and Reform Commission gave an authoritative explanation that “new infrastructure” mainly includes three aspects: information infrastructure, integration infrastructure and innovation infrastructure. See What Is the New Infrastructure? the Oriental Outlook Magazine, http://www.xinhuanet.com/2020-04/26/c_1125908061.htm. The Central Economic Work Conference first put forward the concept of “new infrastructure” in 2018, pointing out that investment should play a key role, step up technological transformation and equipment upgrading in the manufacturing industry, accelerate the pace of 5G commercial use, and strengthen the construction of new infrastructure such as AI, industrial Internet and Internet of Things. On March 4, 2020, the Standing Committee of the Political Bureau of the CPC Central Committee held a meeting and proposed to speed up the construction of 5G networks, data centers and other new infrastructure, which has attracted more attention.
- 2.
Xi Jinping, Providing Strong Technological Support for Winning the Battle against the Epidemic Prevention and Control, Qiushi, Issue 6, 2020.
- 3.
IDC. IDC Forecasts Improved Growth for Global AI Market in 2021, https://www.idc.com/getdoc.jsp?containerId=prUS47482321.
- 4.
The number of global AI patent applications in the past decade exceeded 520,000. China ranks first in the world with 389,571 patent applications, accounting for 74.7% of the global total. The number of patent applications in China is 389,571, ranking first in the world and accounting for 74.7% of the global total. Institute of AI, Tsinghua University and Tsinghua-China Academy of Engineering Joint Research Center for Knowledge Intelligence: AI Development Report 2011–2020, http://ai.tsinghua.edu.cn/kirc/.
- 5.
The above data is based on publicly available statistics. The disclosure of patent data in 2020 is incomplete, and the statistical data are up to the end of October 2020.
- 6.
- 7.
See Proposal for the Digital Markets Act, https://ec.europa.eu/info/sites/default/files/proposal-regulationsingle-market-digital-services-digital-services-act_en.pdf.
- 8.
Office for AI, Independent report AI Roadmap, https://www.gov.uk/government/publications/ai-roadmap.
- 9.
A boost for AI, https://www.mpg.de/16193056/a-boost-for-artificial-intelligence.
- 10.
Anne-Françoise Pelé, 18 New AI Startups in France in 2020 versus 120 in 2019, https://www.eetimes.eu/18-new-ai-startups-in-france-in-2020-102-in-2019/.
- 11.
The Nature Index ranking of research capabilities in AI in 2020 is based on papers published in the field of AI at the International Conference on Machine Learning (ICML) and the International Conference on Neural Information Processing Systems (NeurIPS) in the field of AI and machine learning. According to the ranking, the top 10 countries leading AI research in 2020 are: United States, China, United Kingdom, Canada, France, Germany, Switzerland, South Korea, Japan, and Israel.
- 12.
See Integrated Innovation Strategy 2020, https://www8.cao.go.jp/cstp/english/index.html.
- 13.
Expert Group on Architecture for AI Principles to be Practiced, AI Governance in Japan Ver. 1.0, https://www.meti.go.jp/press/2020/01/20210115003/20210115003-3.pdf.
- 14.
See 3rd Supplementary Budget Proposal of 2020, https://english.moef.go.kr/pc/selectTbPressCenterDtl.do%3bjsessionid=TFv9fcGwZxOCmMa8cVO8Z23K.node10?boardCd=N0001&seq=4914.
- 15.
These member states are Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Sweden, as well as Norway, Spain and Poland, which are releasing their AI strategies in 2020.
- 16.
For example, in the case of copyright ownership and infringement dispute between Beijing Feilin Law Firm and Beijing Baidu Netcom Technology Co., Ltd., the court held that from the perspective of protecting the public's right to know, maintaining social honesty and credibility, and facilitating cultural dissemination, the logo of the generated software should be added to the creation to indicate that the software is automatically generated. In the “New York City Bronx County District Prosecutor's Office v. H. K. Sexual Harassment Case, Defense Against Right Action Bill,” at this stage, software such as STRmix and TrueAllele are mostly used as auxiliary software for natural persons, rather than strong AI that can fully make independent decisions. In addition to software design defects, the allocation of risk responsibility for weak AI software with human participation should be recognized as being borne by natural persons.
- 17.
For example, in April 2021, the first case of face recognition, “Guo Bing v. Hangzhou Wildlife World Co., Ltd. Service Contract Dispute”, was finally adjudicated. The court of first instance held that the defendant's “collection of facial recognition information exceeded the requirements of the necessary principles and was not justified”, and ruled that it should delete the facial feature information, including photos, submitted by Guo Bing when handling the fingerprint annual card; The court of second instance added a judgment that Animal World deleted the fingerprint identification information submitted by Guo Bing when applying for the fingerprint annual card.
- 18.
For example, in “Stephen L. Thaler v. Patent, Design and Trademark Department of British Intellectual Property Office”, the court held that if the creative AI robot belongs to the inventor's status (with subjectivity), it would weaken the moral and ethical basis for the existence of the patent while acknowledging the rationality of human service for the machine work. This is unfair to machines that are not or cannot be identified; And for other human inventors, it is also unfair because this practice changes and reduces the significance of invention and creation, and diminishes and devalues the social evaluation of their achievements.
- 19.
For example, in CJ v MW case, the court should not only examine the qualification of AI medical equipment, but also pay attention to the familiarity of doctors and other operators with the equipment when accepting highly specialized scientific and technological cases.
Factors.
- 20.
For example, in Affaire-Sellami v. France in December 2020, the court held that the plaintiff, as a citizen, has the right to freedom of speech, and as a journalist, has the right and duty to carry out independent news reporting without the threat of criminal prosecution or fine. As a part of judicial information, intelligent composite portraits belong to state secrets. For the rights and duties of freedom of speech and independent news reporting, journalists should also consider social influence and the rights and interests of relevant parties in the selection of news report materials. Under the principle of social stability and good operation as well as the protection of state secrets, The disclosure of relevant information and the punishment of relevant personnel should be considered comprehensively and reasonably punished.
- 21.
For example, in the February 2021 Facebook Biometric Privacy Lawsuit, plaintiffs objected to Facebook's use of facial recognition software to extract unique biometric identifiers from photos of people to identify them, alleging that Facebook violated the Illinois Biometric Privacy Act (BIPA), Because Facebook did not notify them and get their consent before retaining its biometric identifiers, nor did it set or publish a timeline for data retention. After refusing to approve the parties’ first proposed settlement of the lawsuit, the judge gave preliminary approval in August 2020 to a revised settlement under which Facebook would set up a $650 million non-restitution settlement fund.
- 22.
The framework of AI standard system is mainly composed of eight parts: basic commonality, supporting technology and products, basic hardware and software platform, key general technology, key field technology, product and service, industry application, and safety/ethics.
- 23.
See Yzhou Xiong, “AI Shaping the Future of Global Competitiveness,” Social Science Journal, April 15, 2021.
- 24.
Team leader: Cui Yadong:(Secretary of the Leading Party Members’ Group and President of Shanghai Law Society, the former Secretary of the Leading Party Members’ Group and President of Shanghai High People’s Court and Second Ranked Chief Justice in China.);Panelists: Zhang Wenxian (Director of the Academic Committee of the Chinese Law Society, Professor and Ph.D. Supervisor), Xue Lan (Dean of Schwarzman College in Tsinghua University, the Chair of the National Expert Committee on AI Governance, Professor and Ph.D. Supervisor), Ye Qing (President of East China University of Political Science and Law, Professor and Ph.D. Supervisor), Liu Xiaohong (President of Shanghai University of Political Science and Law, Professor and Ph.D. Supervisor), Wang Tao (Dean of Yangtze River Delta Research Institute of Zhejiang Tsinghua, Professor and Ph.D. Supervisor), Liu Xueyao (Professor of Shanghai University), Shi Weidong (Deputy Secretary of the Party Leadership Group and Full-time Vice President of Shanghai Law Society), Liu Xianquan (Professor and Ph.D. supervisor of East China University of Political Science and Law), Peng Hui (Researcher of Institute of Law, Shanghai Academy of Social Sciences, Ph.D.), Lin Zhujing (Prosecutor of Shanghai Municipal People's Procuratorate, Ph.D.), Zhao Yucheng (Deputy Director of Editorial Department, Shanghai Education Newspaper General Association).
- 25.
Executive Director of the Expert Panel: Peng Hui (Researcher, Ph.D. of Shanghai Academy of Social Sciences Institute of Law); Team Members: Ye Qing (President of East China University of Political Science and Law, Professor and Ph.D. Supervisor), Liu Xiaohong (President of Shanghai University of Political Science and Law, Professor and Ph.D. Supervisor), Liu Xueyao (Professor of Shanghai University), Dong Liwu (Secretary General of Shanghai Law Society), Yang Yin (Professor of Shanghai University of Political Science and Law), Lin Zhujing (Prosecutor of Shanghai Municipal People's Procuratorate, Ph.D.), Zhao Yucheng (Deputy Director of Editorial Department, Shanghai Education Newspaper General Association), Graduate Student Team of Shanghai Academy of Social Sciences Institute of Law, and Graduate Student Team of Shanghai University of Political Science and Law.
- 26.
In the case of people over 60 years old, for example, only 1.04% of respondents were over 60 in the first assessment, rising to 2.12% in the current recall data.
- 27.
Take the “Four AI Tigers” (Shangtang Technology, Kuangshi Technology, Yuncong Technology and Yitu Technology) as an example, the financial reports show that except for Shangtang Technology, which is in the black, the remaining three are still in the red, while Yitu Technology has lost 380 million yuan in the first half of 2020. At the same time, the four companies’ listing plans have been pushed back repeatedly.
- 28.
See Wang Jianzong, Financial Intelligence: How AI Empowers Banking, Insurance, and Security, Machinery Industry Press, 2020 edition.
- 29.
See Ding Xiaodong, Personal Information Legislation in the Era of Big Data and Artificial Intelligence—On the Challenges of New Technology to Information Privacy, in Journal of Beijing University of Aeronautics and Astronautics (Social Science Edition), No. 3, 2020.
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Cui, Y. (2024). AI and the Rule of Law Releases and Announcements. In: Cui, Y. (eds) Blue Book on AI and Rule of Law in the World (2021). Artificial Intelligence and the Rule of Law. Springer, Singapore. https://doi.org/10.1007/978-981-99-9085-6_1
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DOI: https://doi.org/10.1007/978-981-99-9085-6_1
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