# AISN #24: Kissinger Urges US-China Cooperation on AI, China's New AI Law, US Export Controls, International Institutions, and Open Source AI

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China’s New AI Law, US Export Controls, and Calls for Bilateral Cooperation
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**China details how AI providers can fulfill their legal obligations.** The Chinese government has passed several laws on AI. They’ve regulated [recommendation algorithms](https://digichina.stanford.edu/work/translation-internet-information-service-algorithmic-recommendation-management-provisions-effective-march-1-2022/) and taken steps to mitigate the risk of [deepfakes](https://digichina.stanford.edu/work/translation-internet-information-service-deep-synthesis-management-provisions-draft-for-comment-jan-2022/). Most recently, they issued a new law governing [generative AI](https://www.chinalawtranslate.com/en/generative-ai-interim/). It’s less stringent than [earlier draft version](https://www.chinalawtranslate.com/en/comparison-chart-of-current-vs-draft-rules-for-generative-ai/), but the law remains more comprehensive in AI regulation than any laws passed in the US, UK, or European Union. 

The law creates legal obligations for AI providers to respect intellectual property rights, avoid discrimination, and uphold socialist values. But as with many AI policy proposals, these are values and ideals, and it’s not entirely clear how AI providers can meet these obligations. 

To clarify how AI providers can achieve the law's goals, a Chinese standards-setting body has released a draft outlining [detailed technical requirements](https://twitter.com/mattsheehan88/status/1714001598383317459?s=46). Here are some of the key details:

*   AI companies must randomly sample their training data and verify that at least 96% of data points are acceptable under the law.
*   After passing this first test, the training data must then be filtered to remove remaining content that violates intellectual property protections, censorship laws, and other obligations.
*   Once the model has been trained, the provider must red-team it in order to identify misbehavior. Providers must create thousands of questions with which to test the model. The model should refuse to answer at least 95% of questions that would violate the law, while answering at least 95% of questions that are not illegal.
*   Finally, the model’s answers to a set of questions about sensitive topics including personal information, discrimination, and socialist values must be acceptable in at least 90% of cases.

Other countries might be able to learn from this example of technically rigorous governance. For example, the US [AI Bill of Rights](https://www.whitehouse.gov/ostp/ai-bill-of-rights/) supports goals for AI systems such as “safety” and “privacy,” but it’s not exactly clear what this would mean in practice. Effective AI governance will require governments to build expertise and engage in the technical details of AI systems.

**United States tightens export controls on chips.** Last October, the United States issued [export controls](https://www.nytimes.com/2022/10/07/business/economy/biden-chip-technology.html) on high performance computer chips to Chinese individuals, firms, and government actors. American chip designer Nvidia promptly created new chips which [skirted just under the rule’s limits](https://www.reuters.com/technology/nvidia-tweaks-flagship-h100-chip-export-china-h800-2023-03-21/), and sold [$5 billion](https://www.tomshardware.com/news/chinese-companies-spend-big-on-nvidia-gpus-for-ai-projects) of these chips to Chinese companies. 

The US has now [updated its rules](https://www.bis.doc.gov/index.php/about-bis/newsroom/2082) to close this loophole. Previously, chips faced export controls if they exceeded limits on both computational performance and the speed of communication with other chips. The new rules eliminate that second criteria, meaning that regardless of their communication speed, computer chips with high computational performance will face restrictions. 

![](https://substackcdn.com/image/fetch/w_1456,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2Ffcb37ec8-f02c-40ff-b888-d2d9b37cb457_1480x708.png)

*The revised US export controls apply to all chips with high computational performance, regardless of communication speed (“interconnect bandwidth”).* [*Illustration*](https://twitter.com/ohlennart/status/1714319096035119228) *by Lennart Heim.*

**Kissinger urges cooperation between the U.S. and China on AI.** In a new [article](https://www.foreignaffairs.com/united-states/henry-kissinger-path-artificial-intelligence-arms-control) titled, “The Path to AI Arms Control: America and China Must Work Together to Avert Catastrophe,” former Secretary of State Henry Kissinger and Harvard professor Graham Allison said the following:

> “We have concluded that the prospects that the unconstrained advance of AI will create catastrophic consequences for the United States and the world are so compelling that leaders in governments must act now.”

The article draws an analogy to nuclear arms control agreements between the United States and the Soviet Union, saying “both Washington and Moscow recognized that if nuclear technology fell into the hands of rogue actors or terrorists within their own borders, it could be used to threaten them.” This recognition of collective risks allowed several agreements on nuclear arms control which improved the security of both nations.

They called on US President Joe Biden and Chinese President Xi Jinping to have a private, face-to-face discussion about AI risks, the steps their governments are taking to mitigate them, and opportunities for bilateral cooperation on AI safety. After this private discussion, they recommend creating “an advisory group consisting of US and Chinese AI scientists” to hold an ongoing discussion about AI risks and potential areas for cooperation. The article also voices support for creating an IAEA for AI that could enforce international safety standards. 

Proposed International Institutions for AI
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Last month, the Legal Priorities Project released [a report](https://www.legalpriorities.org/research/international-ai-institutions.html) reviewing various proposals for international AI institutions. Here, we summarize and discuss the report.

The report breaks down proposals for new international AI institutions into seven models:

1.  **Scientific consensus-building.** An international institution might establish scientific consensus on policy-relevant AI-related questions. For example, it might follow the model of the Intergovernmental Panel on Climate Change (IPCC). This proposal has been criticized on the grounds that, in contrast to AI, climate change was well-understood before the creation of the IPCC.
2.  **Political consensus-building and norm-setting.** An international institution might foster political consensus. Again, using climate as an example, it might follow the model of the United Nations Framework Convention on Climate Change. A challenge this proposal faces is balancing between breadth of membership and depth of alignment between members.
3.  **Coordination of policy and regulation.** An international institution might coordinate national policies towards common AI-related goals. It might require states to adhere to regulations of AI development and deployment, following the model of the World Trade Organization (WTO), which regulates international trade.
4.  **Enforcement of standards or restrictions.** Rather than set regulation, an international might also enforce regulation. For example, the International Atomic Energy Agency (IAEA) is tasked with deterring nuclear proliferation by monitoring national nuclear energy programs for misuse. An “IAEA for AI” is a popular proposal; however, it’s not clear whether safeguarding AI is sufficiently analogous to safeguarding nuclear energy to justify a focus on the IAEA.
5.  **Stabilization and emergency response.** Some international institutions are designed to prepare for and respond to emergencies, such as the United Nations Office for Disaster Risk Reduction (UNDRR). However, in order to be relevant to AI risk, such a model would likely have to focus on preventing (rather than responding to) disasters.
6.  **International joint research.** An international institution might organize and undertake a major research project. For example, it might follow the model of the European Organization for Nuclear Research (CERN). Proposals often suggest that such an institution accelerate AI safety research.
7.  **Distribution of benefits and access.** Finally, an institution might provide conditional access to the benefits of AI, following, for example, the model of the IAEA’s nuclear fuel bank. Such an institution would have to balance the risk of proliferation of a risky technology with the benefit of equitable access.

History offers many lessons from previous efforts to govern emerging technologies and solve global coordination problems. Of course, we cannot merely mimic historical efforts. International cooperation to mitigate the risks of AI development will require creating new solutions. 

Open Source AI: Risks and Opportunities
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When Meta released their open source language model, Llama, they [wrote extensively](https://arxiv.org/abs/2302.13971) about their efforts to make the model safe. They evaluated risks of bias and misinformation, and took steps to mitigate these risks. But then they open-sourced the model, allowing anybody to change the model however they like. Can an open source model remain safe? 

No, according to a new [paper](https://arxiv.org/abs/2310.03693). It shows that open source models which were designed to act safely can easily be fine-tuned to behave harmfully. They train Llama to produce harmful outputs, such as step-by-step advice on how to build chemical weapons. 

![](https://substackcdn.com/image/fetch/w_1456,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F66920f6c-430b-48af-a0f6-7962425e813b_1452x344.png)

*Fine-tuning can cause an AI system to behave harmfully.* [*Source*](https://arxiv.org/abs/2310.03693)*. *

**Even without open source, AI models can be made to misbehave.** Models which are open-sourced can be made to misbehave if the AI provider allows users to fine-tune the model. OpenAI initially did not allow fine-tuning for GPT-3.5, but since the release of Llama, they have begun to offer it. The paper shows that fine-tuning GPT-3.5 can bypass its safeguards and quickly cause harmful behavior. 

Finally, without any fine-tuning access whatsoever, previous [research](https://newsletter.safe.ai/p/ai-safety-newsletter-17) has shown that jailbreak prompts and adversarial attacks can cause a supposedly safe AI system to misbehave. 

**How does AI affect the offense-defense balance?** Just as AI will allow malicious actors to cause harm, it will enable stronger defenses against those attacks. But an important question is whether AI changes the offense-defense balance: Will it bring more benefit to attackers or defenders? 

In traditional software, open source typically favors defenders. If a bug or security vulnerability in the code is revealed, an attacker might try to exploit it. But because developers can quickly fix these flaws once they’ve been revealed, overall the security of an open source system is often stronger. 

The concern with AI is different. Attackers are not trying to find vulnerabilities in AI systems. Instead, AI can be used to exploit societal vulnerabilities that are not easy to fix. For example, a chatbot could help someone build a biological weapon that causes a pandemic. We might use AI to develop vaccines and track the disease’s spread. But many people might refuse a vaccine, and even with a rapid response, millions could die. In this scenario, AI provides an asymmetric benefit to attackers seeking to cause pandemics, without an equal corresponding benefit to defenders. 

**Legislation considers the risks of open source AI.** The US, UK, and EU are working to lay the legislative foundation for AI. The UK’s Competition and Market Authority appears to [support open-source AI](https://time.com/6316336/uk-ai-regulation-competition/) because the open-source models promote competition, while [licensing requirements](https://dd80b675424c132b90b3-e48385e382d2e5d17821a5e1d8e4c86b.ssl.cf1.rackcdn.com/external/09072023bipartisanaiframework.pdf) recommended by US Senators Richard Blumenthal and Josh Hawley would likely slow down the open-source release of highly-capable models. The EU is currently reconciling three drafts of its [AI Act](https://hai.stanford.edu/news/analyzing-european-union-ai-act-what-works-what-needs-improvement), each of which propose different ways to govern open-source AI. 

Links
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*   Drones in Ukraine may be [killing people without human oversight](https://www.newscientist.com/article/2397389-ukrainian-ai-attack-drones-may-be-killing-without-human-oversight/).
*   A new investigation of [biological weapons risks from AI systems](https://www.rand.org/pubs/research_reports/RRA2977-1.html) is ongoing.
*   The [effective accelerationists](https://twitter.com/DanHendrycks/status/1651740865159901184) have a new [manifesto](https://a16z.com/the-techno-optimist-manifesto/).
*   The UK releases the [agenda for the AI Safety Summit](https://www.gov.uk/government/publications/ai-safety-summit-programme/ai-safety-summit-day-1-and-2-programme).
*   SEC chairperson urges lawmakers to [protect the financial system](https://www.ft.com/content/8227636f-e819-443a-aeba-c8237f0ec1ac) from AI risks.
*   [Competitive pressures](https://www.theinformation.com/articles/googles-wartime-urgency-to-chase-chatgpt-shakes-up-culture) have led Google to hasten their language model development.
*   [G7 countries](https://www.bloomberg.com/news/articles/2023-10-06/g-7-plans-to-ask-ai-makers-to-agree-to-watermarks-audits) are preparing to ask AI companies to voluntarily commit to certain safety practices.
*   Members of Congress urge President Biden to [incorporate the AI Bill of Rights](https://www.markey.senate.gov/news/press-releases/senator-markey-representative-jayapal-lead-colleagues-in-urging-president-biden-to-implement-ai-bill-of-rights-in-upcoming-executive-order) into his [upcoming executive order on AI](https://www.politico.com/news/2023/10/12/biden-government-standards-ai-00121284).
*   The United States Space Force has [temporarily paused](https://www.bloomberg.com/news/articles/2023-10-11/space-force-pauses-generative-ai-based-on-security-concerns#xj4y7vzkg) the use of chatbots and other AI systems because of security concerns.
*   [New Jersey](https://nj.gov/governor/news/news/562023/approved/20231010b.shtml) establishes an AI Task Force.
*   The new [Conference on Language Modeling](https://colmweb.org/cfp.html) is seeking papers on safety, scaling, and other topics.
*   [60 Minutes](https://www.cbsnews.com/video/geoffrey-hinton-ai-60-minutes-video-2023-10-08/) interviews Turing Award-winner Geoffrey Hinton about AI risks.

See also: [CAIS website](https://www.safe.ai/), [CAIS twitter](https://twitter.com/ai_risks?lang=en), [A technical safety research newsletter](https://newsletter.mlsafety.org/), [An Overview of Catastrophic AI Risks](https://arxiv.org/abs/2306.12001), and our [feedback form](https://forms.gle/EU3jfTkxfFgyWVmV7)

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