Asia AI Policy Monitor #7
AI draft laws and regs open for advocacy in Taiwan, Hong Kong, Japan, Korea, Philippines, Vietnam, China across IP, Cybersecurity, Finance, Defense.
Intellectual Property
Japan’s Newspaper Editor and Publisher Association released a statement saying that some generative AI tools used in search engines may violate copyright. Per the release:
[The practice is] "…free riding on the labor of news outlets.”
Further reporting from the Financial Times reveals growing concerns about Japan’s text and data mining exceptions in its Copyright Act from the creative community.
A recent WIPO report states that China leads in genAI patents, with 3 other Asian countries in the top 5:
The top five inventor locations are China (38,210 inventions), US (6,276 inventions), Republic of Korea (4,155 inventions), Japan (3,409) and India (1,350).
Hong Kong’s Intellectual Property Department issued a consultation paper as part of a public comment period on copyright and AI. The consultation document looks into the following issues relating to generative AI and copyright, and sets out the SAR’s views for public consultation to address:
Copyright protection of AI-generated works;
Copyright infringement liability for AI-generated works;
Possible introduction of specific copyright exception; and
Other issues relating to generative AI.
One major policy shift would be the inclusion of a text and data mining exception to copyright infringement, similar to Singapore or Japan:
We have carefully reviewed all considerations. Given the overall benefits brought by the Proposed TDM Exception, in particular in driving and boosting the development of AI technology and industry, and considering that most of the possible drawbacks can be balanced out by providing appropriate safeguards to copyright owners, the Government is of the view that it is justifiable to introduce the Proposed TDM Exception to the CO.
As reported last month in the Asia AI Policy Monitor, we noted Hong Kong’s strategy to lead AI development in China’s Greater Bay Area. This policy will be crucial in the strategy, given China’s copyright regime has not addressed TDM exceptions, and courts have found infringement in training data in recent cases.
Finance
Taiwan’s Financial Regulatory Commission issued guidance on use of AI in the finance industry.
Privacy
Korea’s Personal Information Privacy Commission issued guidance on the use of public data in AI development and deployment.
Singapore’s Personal Data Protection Commission issued guidance on the generation of synthetic data in AI development.
Trust, Safety
The Central Bank of the Philippines issued a notice on the use AI deepfake videos and audio in financial fraud.
Korea’s Ministry of Science and ICT announces measures to counter voice phishing fraud fueled by genAI. The ministry also announced that the country is leading in the formation of international standards for AI safety and reliability.
Korea’s Ministry of the Interior, National Forensic Service, and the Korea Electronic Technology Institute, signed an MOU to cooperate on video forensic analysis to combat deepfake crime.
Australia’s Online eSaftey Commissioner published two industry standards, requiring a range of online services to do more to tackle child sexual abuse and pro-terror material on their platforms, including generative AI models.
Australia’s Online eSaftey Commissioner issued notices to major online platforms On 24 July 2024, Australia's eSafety Commissioner issued legal notices to online platforms, including Apple, Google, Meta, Microsoft, Discord, Snap, Skype, and WhatsApp, to report biannually to the regulator on how they address child abuse material, including deepfake generative AI material.
Australia’s Government and State/Territory Data and Digital Ministers published the National Framework for Assurance of AI in Government. This includes chapters on environment, human vales, fairness, privacy, reliability, transparency, contestability and accountability.
Taiwan’s Ministry of Digital Affairs is using AI techniques to identify online fraud and scam advertisements with an accuracy of up to 93%.
Japan’s Ministry of Defense outlines its policy towards use of AI for military activity, focusing on seven areas:
analyzing data from open source material (e.g. social media);
assisting commanders in decision-making;
improving logistical support, and forecasting;
controlling drones;
cybersecurity; and
efficiency in admin work.
Japan’s Ministry of Internal Affairs and Communications conducted a public comment and review of a draft report on autonomous driving.
Multilateral
China's Shanghai Declaration on Global AI Governance was announced at the 2024 World AI Conference, and includes provisions to: promote AI development, maintain AI safety, develop AI governance, strengthen public participation and literacy on AI, and facilitate quality of life and social well-being through AI.
China announced the China-BRICS AI Development and Cooperation Center at the BRICS foreign ministers meeting in June.
A China-sponsored non-binding UN resolution was passed endorsing capacity for AI and international cooperation.
India’s Global IndiaAI Summit 2024 covered issues such as AI safety, democratizing AI access, and sustainability.
US-Korea-Japan agreed to advance efforts to develop international standards and ensure safe, secure, and trustworthy use of artificial intelligence (AI) at the joint Commerce and Industry Ministerial Meeting in June.
We are aligned on the need to enhance cooperation in promoting the responsible use of AI by our private sectors, and to deepen discussions on establishing interoperable standards, methods, and evaluations for AI safety. We welcome the important work being undertaken by the U.S. and Japanese AI Safety Institutes, and we aim to explore ways to initiate collaborative research and innovation among our private sectors for AI.
The first Singapore-China Digital Policy Dialogue was held in Beijing in June - and included discussion of AI policy:
Under the reporting of the work group for Artificial Intelligence Governance, both parties agreed to promote mutual learning across the private sector and research institutions in AI governance, and to enhance mutual understanding of governance frameworks.
Singapore and the EU finalized a Digital Trade Agreement - which is expected to have provisions on mutual support for research on AI and semiconductors.
Advocacy
Japan’s Ministry of Internal Affairs and Communications released for public comment until August 20, a report on the “Sound Distribution of Information in Digital Spaces,” which includes provisions addressing genAI content.
Taiwan’s National Science and Technology Council opened public comment until September 13 on the draft Basic Law on AI.
Hong Kong’s Intellectual Property Department issues a public comment and consultation paper on Copyright and AI until September 9. A spokesperson said:
The copyright regime is an important part of the intellectual property (IP) regime. On one hand, it protects the economic rights of creators in receiving remuneration from their fruits of creativity, and on the other hand, it properly balances the legitimate interests of copyright owners and the public interest.
The UN’s Office of the High Commissioner for Human Rights issued a call for input on the use of AI in solidarity building until June 30.
China’s TC260 has public comment on generative AI security standards ending July 22.
China's MIIT holds consultation on AI technical standards as part of the Industry Standards Development and Revision Plan 2024 until July 24.
China’s Cyber Administration issued comprehensive standard guidelines for the AI industry.
Vietnam’s Ministry of Information and Communications issued for public comment the Digital Technology Industry Law - which includes important provisions affecting AI technologies, such as copyright until September 2. Interesting reference to EU AI Act principles:
…classifying risk levels for AI systems and management measures; develop AI ethical principles , ... based on reference to the AI Act of the European Union (EU)
Analysis
Digital Policy Alert released a comprehensive comparative analysis of AI rules across several countries including South Korea and China.
The Tech for Good Institute report on “Evolution of Tech Regulation in the Digital Economy: Spotlight on Southeast Asia” highlights several emerging areas for AI governance in the region in particular the efforts by Singapore.
Axios reports on the impact of China’s regulatory oversight, amid a spate of other major reports, on genAI companies. Citing restrictions and reviews of politically sensitive content creation; the analysis says the regulations are slowing down China’s AI industry.
The Financial Times reported Wednesday that the CAC is requiring elaborate reviews of the AI models developed by China's tech giants and startups…
The Wall Street Journal says, "The internet regulator requires companies to prepare between 20,000 and 70,000 questions designed to test whether the models produce safe answers, according to people familiar with the matter. Companies must also submit a data set of 5,000 to 10,000 questions that the model will decline to answer, roughly half of which relate to political ideology and criticism of the Communist Party.”
In the News
A new United Nations Industrial Development Organization (UNIDO) Center of Excellence for Industrial use of AI will be based in Shanghai and supported by China’a Ministry of Industry Information Technology and the Shanghai municipal government.
OpenAI’s move out of China and the security concerns are discussed in this excellent post on ChinaTalk.
Japan’s AI Strategy Council established the AI System Research Group at it’s July meeting.
The Philippines announced it will launch its AI Strategy Roadmap 2.0 and to establish an AI research center with the support of the Asian Development Bank.
Events
August 18-19, Taipei, Digital Rights Asia Pacific 2024
August 21-23, Taipei, Asia Pacific Regional Internet Governance Forum
February 24-27, 2025, Taipei, RightsCon 2025
The Asia AI Policy Monitor is the monthly newsletter for Digital Governance Asia, a US-based non-profit organization. If you are interested in contributing news, insight or analysis, or participating in advocacy to promote Asia’s innovation in AI and digital regulation, please reach out to our secretariat staff at APAC GATES, Seth Hays at seth@apacgates.com.
