# Regulating ChatGPT and other Large Generative AI Models

arXiv: https://arxiv.org/abs/2302.02337 · HTML: https://mlsanity.com/paper/2302.02337/

## Key facts

- Cited by 104 papers in the map (data through 14 Oct 2026).
- Builds on 44 of its 176 references that are in the map.
- First posted on arXiv 5 Feb 2023.

## Builds on (most cited first, 30 of 44)

- [Attention Is All You Need](https://mlsanity.com/paper/1706.03762/) (2017)
- [BERT: Pre-training of Deep Bidirectional Transformers for Language Understanding](https://mlsanity.com/paper/1810.04805/) (2018)
- [Learning Transferable Visual Models From Natural Language Supervision](https://mlsanity.com/paper/2103.00020/) (2021)
- [Language Models are Few-Shot Learners](https://mlsanity.com/paper/2005.14165/) (2020)
- [Training language models to follow instructions with human feedback](https://mlsanity.com/paper/2203.02155/) (2022)
- [Deep Unsupervised Learning using Nonequilibrium Thermodynamics](https://mlsanity.com/paper/1503.03585/) (2015)
- [BART: Denoising Sequence-to-Sequence Pre-training for Natural Language Generation, Translation, and Comprehension](https://mlsanity.com/paper/1910.13461/) (2019)
- [Generative Adversarial Networks](https://mlsanity.com/paper/2203.00667/) (2022)
- [On the Opportunities and Risks of Foundation Models](https://mlsanity.com/paper/2108.07258/) (2021)
- [FlashAttention: Fast and Memory-Efficient Exact Attention with IO-Awareness](https://mlsanity.com/paper/2205.14135/) (2022)
- [Constitutional AI: Harmlessness from AI Feedback](https://mlsanity.com/paper/2212.08073/) (2022)
- [Training Compute-Optimal Large Language Models](https://mlsanity.com/paper/2203.15556/) (2022)
- [Pre-train, Prompt, and Predict: A Systematic Survey of Prompting Methods in Natural Language Processing](https://mlsanity.com/paper/2107.13586/) (2021)
- [Fine-Tuning Language Models from Human Preferences](https://mlsanity.com/paper/1909.08593/) (2019)
- [BLOOM: A 176B-Parameter Open-Access Multilingual Language Model](https://mlsanity.com/paper/2211.05100/) (2022)
- [Calibrate Before Use: Improving Few-Shot Performance of Language Models](https://mlsanity.com/paper/2102.09690/) (2021)
- [Counterfactual Explanations without Opening the Black Box: Automated Decisions and the GDPR](https://mlsanity.com/paper/1711.00399/) (2017)
- [StereoSet: Measuring stereotypical bias in pretrained language models](https://mlsanity.com/paper/2004.09456/) (2020)
- [Extracting Training Data from Diffusion Models](https://mlsanity.com/paper/2301.13188/) (2023)
- [DetectGPT: Zero-Shot Machine-Generated Text Detection using Probability Curvature](https://mlsanity.com/paper/2301.11305/) (2023)
- [A Watermark for Large Language Models](https://mlsanity.com/paper/2301.10226/) (2023)
- [Carbon Emissions and Large Neural Network Training](https://mlsanity.com/paper/2104.10350/) (2021)
- [Defending Against Neural Fake News](https://mlsanity.com/paper/1905.12616/) (2019)
- [Improving alignment of dialogue agents via targeted human judgements](https://mlsanity.com/paper/2209.14375/) (2022)
- [Release Strategies and the Social Impacts of Language Models](https://mlsanity.com/paper/1908.09203/) (2019)
- [The Hateful Memes Challenge: Detecting Hate Speech in Multimodal Memes](https://mlsanity.com/paper/2005.04790/) (2020)
- [Predictability and Surprise in Large Generative Models](https://mlsanity.com/paper/2202.07785/) (2022)
- [BlenderBot 3: a deployed conversational agent that continually learns to responsibly engage](https://mlsanity.com/paper/2208.03188/) (2022)
- [The Malicious Use of Artificial Intelligence: Forecasting, Prevention, and Mitigation](https://mlsanity.com/paper/1802.07228/) (2018)
- [Generative Language Models and Automated Influence Operations: Emerging Threats and Potential Mitigations](https://mlsanity.com/paper/2301.04246/) (2023)

## Built on by (most cited first, 30 of 104)

- [SmoothLLM: Defending Large Language Models Against Jailbreaking Attacks](https://mlsanity.com/paper/2310.03684/) (2023)
- [On the Robustness of ChatGPT: An Adversarial and Out-of-distribution Perspective](https://mlsanity.com/paper/2302.12095/) (2023)
- [Can LLM-Generated Misinformation Be Detected?](https://mlsanity.com/paper/2309.13788/) (2023)
- [Summary of ChatGPT-Related Research and Perspective Towards the Future of Large Language Models](https://mlsanity.com/paper/2304.01852/) (2023)
- [Auditing large language models: a three-layered approach](https://mlsanity.com/paper/2302.08500/) (2023)
- [Large language models in healthcare and medical domain: A review](https://mlsanity.com/paper/2401.06775/) (2023)
- [A Survey of Large Language Models in Medicine: Progress, Application, and Challenge](https://mlsanity.com/paper/2311.05112/) (2023)
- [Harmful Fine-tuning Attacks and Defenses for Large Language Models: A Survey](https://mlsanity.com/paper/2409.18169/) (2024)
- [A Survey of GPT-3 Family Large Language Models Including ChatGPT and GPT-4](https://mlsanity.com/paper/2310.12321/) (2023)
- [A Design Space for Intelligent and Interactive Writing Assistants](https://mlsanity.com/paper/2403.14117/) (2024)
- [CBR-RAG: Case-Based Reasoning for Retrieval Augmented Generation in LLMs for Legal Question Answering](https://mlsanity.com/paper/2404.04302/) (2024)
- [A Survey on Detection of LLMs-Generated Content](https://mlsanity.com/paper/2310.15654/) (2023)
- [Targeted Vaccine: Safety Alignment for Large Language Models against Harmful Fine-Tuning via Layer-wise Perturbation](https://mlsanity.com/paper/2410.09760/) (2024)
- [Beyond the Safeguards: Exploring the Security Risks of ChatGPT](https://mlsanity.com/paper/2305.08005/) (2023)
- [Adversarial Attacks on Robotic Vision Language Action Models](https://mlsanity.com/paper/2506.03350/) (2025)
- [Actions Speak Louder than Words: Agent Decisions Reveal Implicit Biases in Language Models](https://mlsanity.com/paper/2501.17420/) (2025)
- [Large Language Models Can Infer Psychological Dispositions of Social Media Users](https://mlsanity.com/paper/2309.08631/) (2023)
- [Embarrassingly Simple Text Watermarks](https://mlsanity.com/paper/2310.08920/) (2023)
- [WatME: Towards Lossless Watermarking Through Lexical Redundancy](https://mlsanity.com/paper/2311.09832/) (2023)
- [We Should Identify and Mitigate Third-Party Safety Risks in MCP-Powered Agent Systems](https://mlsanity.com/paper/2506.13666/) (2025)
- [Exploring the Roles of Large Language Models in Reshaping Transportation Systems: A Survey, Framework, and Roadmap](https://mlsanity.com/paper/2503.21411/) (2025)
- [The Dark Side of ChatGPT: Legal and Ethical Challenges from Stochastic Parrots and Hallucination](https://mlsanity.com/paper/2304.14347/) (2023)
- [Deconstructing The Ethics of Large Language Models from Long-standing Issues to New-emerging Dilemmas: A Survey](https://mlsanity.com/paper/2406.05392/) (2024)
- [CodePori: Large-Scale System for Autonomous Software Development Using Multi-Agent Technology](https://mlsanity.com/paper/2402.01411/) (2024)
- [Benign Samples Matter! Fine-tuning On Outlier Benign Samples Severely Breaks Safety](https://mlsanity.com/paper/2505.06843/) (2025)
- [Generative AI in EU Law: Liability, Privacy, Intellectual Property, and Cybersecurity](https://mlsanity.com/paper/2401.07348/) (2024)
- [How well do LLMs cite relevant medical references? An evaluation framework and analyses](https://mlsanity.com/paper/2402.02008/) (2024)
- [To ChatGPT, or not to ChatGPT: That is the question!](https://mlsanity.com/paper/2304.01487/) (2023)
- [Position: Towards Bidirectional Human-AI Alignment](https://mlsanity.com/paper/2406.09264/) (2024)
- [Safety and Fairness for Content Moderation in Generative Models](https://mlsanity.com/paper/2306.06135/) (2023)

## Abstract (arXiv)

Large generative AI models (LGAIMs), such as ChatGPT, GPT-4 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. After laying technical foundations, the legal part of the paper proceeds in four steps, covering (1) direct regulation, (2) data protection, (3) content moderation, and (4) policy proposals. It suggests a novel terminology to capture the AI value chain in LGAIM settings by differentiating between LGAIM developers, deployers, professional and non-professional users, as well as recipients of LGAIM output. We tailor regulatory duties to these different actors along the value chain and suggest strategies to ensure that LGAIMs are trustworthy and deployed for the benefit of society at large. Rules in the AI Act and other direct regulation must match the specificities of pre-trained models. The paper argues for three layers of obligations concerning LGAIMs (minimum standards for all LGAIMs; high-risk obligations for high-risk use cases; collaborations along the AI value chain). In general, regulation should focus on concrete high-risk applications, and not the pre-trained model itself, and should include (i) obligations regarding transparency and (ii) risk management. Non-discrimination provisions (iii) may, however, apply to LGAIM developers. Lastly, (iv) 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.