Machine understanding is opaque,and governance is the way forward to balance the dual goals of development and safety of generative AI with a focus on safety.The governance strategy of the current legisla-tion for this emerging industry mainly centers on generative AI service providers.It is necessary to clarify the re-lationship between the providers and the six types of legal liability subjects,including search link service provid-ers,in order to maintain a systematic logic of regulation.In terms of the dual legislative goal of"the public and the private being equally important",private enforcement mechanisms for the legality of training data are grossly inadequate.In this regard,two technical rules,namely,the feature library and the identification-in-action rule should be introduced,the safe harbor rule should be reformed and the reversal of the burden of proof should be separately stipulated,and industry organizations should be encouraged to realize the synergistic governance of hard law and soft law around the three pillars of self-regulatory conventions,scientific and technological eth-ics,and credit evaluation.
generative AI service providerstechnical rulessafe harbor rulesindustry self-disciplinedata governance