Generare e non creare? Spunti per una comparazione sulla regolazione dell’intelligenza artificiale generativa tra Stati Uniti, Repubblica Popolare Cinese e Unione Europea

This paper explores the regulation of generative artificial intelligence (AI), providing a comparative analysis of regulatory approaches across the United States, the People’s Republic of China, and the European Union. It digs into the historical and contemporary regulatory efforts in the US, highlighting the tension between market-driven innovation and regulatory oversight. The study then examines China’s proactive stance on AI regulation, focusing on algorithmic and deep synthesis governance, as well as recent judiciary developments regarding generative AI. The European perspective is analyzed through the lens of the Artificial Intelligence Act, emphasizing the balance between technological advancement and fundamental rights protection. The paper concludes with a reflection on the evolving interplay between human creativity and AI generativity, underscoring the need for legal frameworks to address the ethical, social, and economic implications of AI-generated content.

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La legge cinese sulla protezione delle informazioni personali: un GDPR con caratteristiche cinesi?

The essay, following a brief outline of the legal evolution of the implementation of the right to privacy in the Chinese legal culture, focuses on the analysis of the Personal Information Protection Law (PIPL) of the People's Republic of China, by comparing it with the General Data Protection Regulation (GDPR) of the European Union.
The provisions of the new information protection law will be analysed, in order to prove the evolution of the Chinese legal system from a monistic scheme of privacy protection to a dualistic protection of both privacy and personal information, and to assess the recognition of certain individual rights within the framework of the “rule of law with Chinese characteristics”.

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