China’s comprehensive general service AI regulations require proper provenance and labeling of training data and compliance with intellectual property and privacy laws. They also open the door to integrating standard contractual terms and technical tools discussed below into international codes of conduct, which could increase their impact. The United Kingdom, for example, convened a working group to develop a code of conduct for copyright and artificial intelligence aimed at increasing data mining licences. Policymakers may also choose to reference such standard contractual terms in relevant codes of conduct to encourage their use. Relatedly, efforts should continue to develop machine-readable contract mechanisms for data Web Scraping, such as those being considered in the W3C Text and Data Mining Reservation Protocol. Codes of conduct may also address both commercial and non-commercial practices, privacy-enhancing technologies, rapid implementations, transparency, and output representations. This can make contract terms more understandable and therefore facilitate compliance. The landmark EU Artificial Intelligence Law has data scraping and intellectual property provisions that will come into force in addition to existing requirements in the General Data Protection Regulation, Text and Data Mining regimes, Data Act and Data Governance Act. Given the multitude of data sharing use cases spanning research and commercial applications, it may be optimal to have a variety of standard contract forms tailored to different situations.
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The FTC also raised concerns about consumer protection and antitrust law, stating that certain AI models trained on LinkedIn Data Scraping – visit our website, should be disrupted without proper permissions. The European Data Protection Board now has a ChatGPT task force. This approach looks promising, as the New York Times, Guardian, Disney and other sites have already implemented technical measures to prevent data scraping. For example, the United States, Italy, France, Canada, and other countries have initiated OpenAI research focusing mainly on privacy and consumer protection issues. At the multilateral level, the G7 Hiroshima AI Process supports this effort with guiding principles and voluntary codes of conduct that emphasize the need for “appropriate data entry safeguards and protection for personal data and intellectual property.” The OECD also has Guides on Responsible Business Conduct for Multinational Enterprises. Responsible AI is a global, multidisciplinary field that requires input from a variety of stakeholders and experts to unlock the promises of AI and mitigate its risks.
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