Regulating ChatGPT and other Large Generative AI Models

Large generative AI models (LGAIMs), such as ChatGPT or Stable Diffusion, are rapidly transforming the way we communicate, illustrate, and create. However, AI regulation, in the EU and beyond, has primarily focused on conventional AI models, not LGAIMs. This paper will situate these new generative models in the current debate on trustworthy AI regulation, and ask how the law can be tailored to their capabilities. The paper proceeds in three steps, covering (1) direct regulation, (2) content moderation, and (3) policy proposals. It finishes by making two distinct policy proposals to ensure that LGAIMs are trustworthy and deployed for the benefit of society at large. First, rules in the AI Act and other direct regulation must match the specificities of pre-trained models. In particular, concrete high-risk applications, and not the pre-trained model itself, should be the object of high-risk obligations. Moreover, detailed transparency obligations are warranted. Non-discrimination provisions may, however, apply to LGAIM developers. Second, the core of the DSA content moderation rules should be expanded to cover LGAIMs. This includes notice and action mechanisms, and trusted flaggers. In all areas, regulators and lawmakers need to act fast to keep track with the dynamics of ChatGPT et al.