The government will investigate malicious cases with the AI bill – “We can’t not do it” Responding to the trend of international regulations

The government is currently considering a new “AI Bill” regarding generative AI (artificial intelligence), and plans to investigate and gather information on malicious cases and safety in infrastructure, and provide guidance and information to businesses. While placing importance on a balance between international competitiveness and transparency, without hindering technological innovation, the government will impose a duty on businesses to cooperate with national policies. This initiative reflects the situation in Japan, where it “cannot be helped” to take action, while regulations are progressing in Europe and the United States.

This article is based on an article from Asahi Shimbun Digital (https://www.asahi.com/articles/ASSDL3F8GSDLULFA02NM.html), with additional summary and commentary.
The rest of this article is available for a fee.

【With the evolution of AI showing no signs of stopping, is legal reform inevitable?】
To be honest, the speed of AI evolution is incredible these days. From automatic translation to automatic text generation, AI is turning up in various aspects of our lives without us even noticing. There are many benefits, but since there is talk of an “AI bill”, I guess the risks of misuse and safety issues can’t be ignored. Perhaps the government feels that “we can’t fall behind overseas without doing anything”.

【Government vs. businesses: what will be the responsibilities and roles?】
When you hear that the government will investigate and provide guidance on malicious cases and safety, and that businesses will have a responsibility to cooperate, you might think that it sounds a bit rigid. But I think that this is about sharing the responsibilities between the two sides and aiming to make Japan a “superpower in AI”. Businesses might find it troublesome, but they could also think positively and think, “If the government is investigating, we can understand the risks, right?”.

【The balance between international competitiveness and transparency will be tested】
The world of AI is not a closed system. Europe and the US are proactive in their legal regulations, and they are accelerating the creation of a safe and secure AI environment. If Japan ignores this trend, it could be criticized by overseas forces for having loose standards, and people might say, “Isn’t Japan in trouble? So maintaining international competitiveness while also ensuring transparency is a very difficult balancing act. If it goes well, the reliability of the Japanese brand will increase, and new investment and engineers may gather, but if it goes badly, Japan may be left behind in the field of AI.

【Can we expect anything from the AI Strategy Headquarters?】
When you hear that the government is setting up an ‘AI Strategy Headquarters’, the name sounds cool, but to be honest, you can’t help but wonder if it will really work. These kinds of organizations often have flashy names but lack substance, and end up being nothing more than window dressing. On the other hand, if they can play the role of a command tower here, they could become a powerful driving force to get the ‘AI Bill’ back on track. At the very least, we’re hoping for some ultra-C-class action here.

【Between consistency with existing laws and technological innovation】
They say that they will respond to the risks of AI by mobilizing all the laws that already exist, such as copyright laws and laws related to national security, but isn’t that like trying to fix the latest machine using a tool that has been used many times before? Of course, it is difficult to create new rules all at once. However, when AI evolves even further in the future, there is no end to the doubts about whether this “reuse” will really be okay. If we rely too much on existing laws and development stalls, we may be laughed at for being unable to innovate. The key is to be able to ride out these situations.