Research on Criminal Risk Analysis and Governance Mechanism of Generative Artificial Intelligence such as ChatGPT

Abstract

The launch of ChatGPT marks a breakthrough in the development of generative artificial intelligence (generative AI) technology, which is based on the collection and learning of big data as its core operating mechanism. Now the generative AI has the characteristics of high intelligence and high generalization and thus has led to various criminal risks. The current criminal law norms are inadequate in terms of the attribution system and crime norms for the criminal risks caused by the generative AI technologies. Thus, we should clarify the types of risks and governance challenges of generative AI, clarify that data is the object of risk governance, and establish a pluralistic liability allocation mechanism and a mixed legal governance framework of criminal, civil, and administrative law on this basis.