The emergence of “generative artificial intelligence” (GII), led to the adoption in China of the first regulatory legal act regulating the provision of services with its help. In order to regulate social relations, it is necessary to know what these relations arise about, i.e. what is called GII. Therefore, such a product of human activity should be accurately and fully formalized and correctly named. In addition, it is necessary to determine not only the form and/or content of the carrier, called artifact (artificial) intelligence, but also its structure, including its functions, which may be negative. Given the emergence of the trend for smartization, which is replacing digitalization, it is logical to use the terms “smart product” and “smart system”. The main properties of a smart product in the form of smart systems and smart media products are determined, and the features of the use of smart agents or smart actors are considered. It is argued that the use of smart systems by some legal entities against others, the voluntary use of smart tools and/or the use of smart objects by people without realizing their true properties, creates risks of negative impact on them in the form of violations of constitutional freedoms, rights and legitimate interests.
Read full abstract