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Regulations and policy challenges

Generative AI and ChatGPT: Applications, Challenges, and AI-Human Collaboration

Nah et al. (2023)

Category
Risk Domain

Inadequate regulatory frameworks and oversight mechanisms that fail to keep pace with AI development, leading to ineffective governance and the inability to manage AI risks appropriately.

"Given that generative AI, including ChatGPT, is still evolving, relevant regulations and policies are far from mature. With generative AI creating different forms of content, the copyright of these contents becomes a significant yet complicated issue. Table 3 presents the challenges associated with regulations and policies, which are copyright and governance issues."(p. 290)

Sub-categories (2)

Copyright

"According to the U.S. Copyright Office (n.d..), copyright is "a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression" (U.S. Copyright Office, n.d..). Generative AI is designed to generate content based on the input given to it. Some of the contents generated by AI may be others' original works that are protected by copyright laws and regulations. Therefore, users need to be careful and ensure that generative AI has been used in a legal manner such that the content that it generates does not violate copyright (Pavlik, 2023). Another relevant issue is whether generative AI should be given authorship (Sallam, 2023). Murray (2023) discussed generative art linked to non-fungible tokens (NFTs) and indicated that according to current U.S. copyright laws, generative art lacks copyrightability because it is generated by a non-human. The issue of AI authorship affects copyright law's underlying assumptions about creativity (Bridy, 2012)."

6.3 Economic and cultural devaluation of human effort
HumanIntentionalPost-deployment

Governance

"Generative AI can create new risks as well as unintended consequences. Different entities such as corporations (Mäntymäki et al., 2022), universities, and governments (Taeihagh, 2021) are facing the challenge of creating and deploying AI governance. To ensure that generative AI functions in a way that benefits society, appropriate governance is crucial. However, AI governance is challenging to implement. First, machine learning systems have opaque algorithms and unpredictable outcomes, which can impede human controllability over AI behavior and create difficulties in assigning liability and accountability for AI defects. Second, data fragmentation and the lack of interoperability between systems challenge data governance within and across organizations (Taeihagh, 2021). Third, information asymmetries between technology giants and regulators create challenges to the legislation process, as the government lacks information resources for regulating AI (Taeihagh et al., 2021). For the same reasons, lawmakers are not able to design specific rules and duties for programmers (Kroll, 2015)."

6.5 Governance failure
HumanOtherOther

Other risks from Nah et al. (2023) (17)