Govern the network space according to law
08:51, August 04, 2021 Source: "China Social Sciences", August 4, 2021, Issue 2222 Author: Wang Haiming

"The Central Committee of the Communist Party of China on the Fourteen Five -Year Plan for the Development of the National Economic and Social Development and the 2013 Fast Visual Objective" (hereinafter referred to as the "Suggestion") clearly proposes to accelerate digital development,Build a strong country for network、Digital China。Govern the network space according to law,Standardize the network subject and network behavior,Create a fair and orderly network space,Treatment、Standardized and guaranteed digital transformation and development、Standardized development、Healthy development,This is the new journey of comprehensively building a socialist modern country,The national layout and development practice of digital development is proposed by the construction of the rule of law、A new mission to break the problem urgently,It is also an indispensable important content of modernization of the national governance system and governance capabilities。

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With the booming of digitalization,Three elements of network space -platform、Application、The problems on the algorithm gradually highlight。First,Platform aspect,With the development of the platform increasingly differentiation,Tale platform users present index level growth,Occupy market share is getting bigger and bigger,The industry involved is getting wider and wider,It is in the market、Industry development、Social discourse influence、The right to speak is also continuously enhanced。In recent years,The continuous expansion platform appears to varying degrees of vulgar platforms (such as the bottom without the bottom line of kitsch、Involved in yellow)、Platform monopoly (such as restricting trading channels、Restricted trading opportunities、Restricted transaction objects)、Platform Ling Weak (such as the platform "996" employment illegal),No contract、Not abide by the law,Violation of Bet365 lotto review social order and customs,Anti -user、Legal rights to infringe the disadvantaged group。

Second,Application,According to statistics in October 2019,Mobile apps used by mobile applications in my country are close to 4.49 million,Global Rank No. 1,Instant communication、search engine、Network News、Online shopping、Social、Games and other rich applications,Comprehensive embedded in production and life。These applications tend to provide users with "unauthorized,No use; fully authorized,Only use "format clause,Users enjoyed the right to consent to consent,Often becoming a paper empty text; or super necessary、Collect user information over the range,Collecting sensitive information of users illegal illegal illegal regulations,information privacy of infringing users; or inadequate information obligations,Information abuse、illegal provision、Data leaks repeatedly occurred。

Last,Algorithm,Bad algorithms,Use bad algorithms for big data "killing",Hidden infringement of consumers' interests; or abuse algorithms for accurate portraits of users,Evilling user information privacy,User becomes a transparent person in the eyes of the platform、Getable; even abuse algorithms,For the public、Users provide filtering、Twist、Analile information,Build information cocoon room,Seriously infringing users、Public information self -determination。Platform vulgarity appears on the Internet space、Platform monopoly、Platform Ling Weak、Platform fraud、Data Disposal、Data abuse、Data leak、Data security、Algorithm discrimination、Algorithm fraud、Algorithms and other negative situations,Damage to social justice,Endog of the security and order of network space。Digital element change、The impact of structural change is further deepening,Urgent need of the country to promote the rule of law for the country to promote network space。

  Platform's governance of law

Platform as an important force for driving digital technology innovation,It has a strong influence bet365 live casino games on network space。The era of all things,Platform has massive data。Data is not a resource element configured by the market mechanism,It can be traded as a product,can also be used as a tool to embed social governance、Government governance、National governance,It is a strategic resource。Master this product、Tools、The platform for resources is no longer a simple network service person,It is both a data channel、Provider of data services,Also data channel、Data traffic gatekeeper,It has a dual role,You need to take on as a network space data channel、Data traffic doorkeeper should bear public liability。

Therefore,Governance of network space,The first must be converted to understand,Clear the social role and social responsibility of the platform,Clarify the social obligation of the profit platform。The platform should bear the corresponding social responsibility,Prevent illegal information、Entering non -moral information,Make sure the information flowing into the platform is in line with social ethics。Platform for poor performance of social responsibility,Rumors、obscene、violence、superstition、Cults and other harmful information spread in network space,The serious plot,It should be included in "Blacklist",and investigate the corresponding legal responsibility。The second must be clear、The obligation and responsibility of consolidating the profit platform as a network space operator。Like the real economic operator,The profit platform should operate honestly、Fair competition,Do not fraud、Do not abuse the advantage status。Existing business status on the entity of the real economy、Business permissions、Obligation、Laws and regulations of responsibility,It should be used to modify and other methods,Extension is suitable for major profit platforms。Social characters of the network space platform further,Clarify the social role of different platforms、Business Border、Obligations and responsibilities,The implementation of the platform can be dependent on。

  Application according to law

Application connection platform and user,Is a bridge between the platform and the user。The reality is,Application of this bridge,The entire process of its launch and the use of online use,Almost completely by the platform unilateral architecture and domination。But to a certain application,The information rights and interests of many users as a whole: In the application of collecting user information links,Related user information collection authorization; in the analysis of application information cleaning,Relaxation of information desensitization and information security rights; in the information processing link,The authorization of the authorization of related users、Information modification right、Information deletion right。According to the Ministry of Industry and Information Technology in September 2020, the Ministry of Industry and Information Technology on the mobile phone application list that violated the user's equity behavior,The main problem with mobile phone applications is to collect personal information illegal,Compulsory、Frequent、Excessive obtaining permissions, etc.。Application is prone to violations、illegal、Damage to fairness and justice and other problems,The root cause lies in the lack of effective checks and balance mechanisms。

Application as a bridge between the platform and the user,Its design and development and presets are dominated by the platform,Regardless of structural、Still relationship,Or in the process,Design and development and presets that the vast number of users cannot intervene in applications,It cannot have a specific and effective checks and balance effect on it; at the same time,The current application also lacks social forces with reasonable checks and balance constraints and effective supervision and management of national power。Application of the infringement of personal information rights,The root cause of the field。Effective governance of this problem,The balance mechanism of the application must be reconstructed,Bet365 app download Strengthen the statutory、Professional supervision representing national power。Based on this,Further strengthen the daily supervision of applications: Actively use big data monitoring technology,Key supervision of the risk of applications、Smart Supervision,concerned about the people、Applications with serious harmful consequences,Rectification or forced to remove the shelves within a time limit; and for the developer、Applicants implement credit points access mechanisms。

  The algorithm is governed by law

At the end of 2020,Phenomenon -level report "Takeaway Brother,Difficulty in the system "more intuitively reflects the social problems brought by bad algorithms,Causes widespread social concern。What is worth thinking about is,Is the algorithm pure belonging to the internal affairs of the platform、It is completely determined by the platform。From the perspective of social problems caused by the current bad algorithm,The algorithm exists at a typical social risk -such as big data "killing",Algorithms embedded in different social subjects,Consumption fraud to old customers,Consumers who should treat it fairly according to law; if the algorithm does evil,Take the bidding ranking for search,instead of considering the heat of the search content、Related、authenticity,By the destruction of social trust。Algorithm,From the essential point of view,Mainly build a data association,But how to set data、How to choose to set the association rules,Finally dominated by the interest structure behind it。It can be said,Leading algorithm of interest structure。Algorithm,Especially the algorithm promoted by the profit platform,Under the condition of lack of external forces,For the maximization of benefits,The power platform has the motivation to embed the poorly embedded in the algorithm setting process、Unlike、Discrimination、Vulgar data association (algorithm rules)。

Position Qingyuan,At present, the reason why the Chinese network space appears in the aforementioned chaos,Affairs related to the loss of algorithm。Bet365 app download The algorithm involves public interest and public value,Not good and evil,Cannot be placed as purely internal affairs of the platform、It is completely determined by the platform。Conditional governance cannot be around、Avoid algorithm governance,Must be positive。Effective governance algorithm chaos,You can set the moral boundary and legal bottom line for algorithms,Improve algorithm transparency、Enhanced algorithm accountability; introduce government forces outside the platform in accordance with the law、Market Power、Social Organization Power and Media Public Opinion Power,Strengthen government supervision、Industry self -discipline and public opinion supervision,A necessary intervention and supervision of the algorithm。

 The network space is not a place outside the law

"Suggestion" proposed,Establish data resource property rights、Transaction circulation、Cross -border transmission and safety protection and other basic systems and standards and standards,Promote the development and utilization of data resources。Expand the orderly openness of the basic public information data in an orderly manner,Construction of national data unified open platforms。Guarantee national data security,Strengthen personal information protection。Improve the digital skills of the whole people,Realize the full coverage of information services。Actively participate in the formulation of international rules and standards in the digital field。Just 130 words,Digital development of the central layout,It is a norm -led development。Digital development of China,There must be an obvious transformation -from the previous brutal growth to standardized development,Promoting network space in accordance with the law will be an important sign and basic guarantee for this transformation and development。

Shortly after the closing of the Fifth Plenary Session of the 19th Central Committee,In December 2020, the Central Committee of the Communist Party of China issued the "Outline of the Implementation of Social Construction of Law (2020-2025)",Further bet365 Play online games clarifying that strengthening the construction of the rule of law is the basic path for the realization of network space to govern in accordance with the law。Digital specification development,Network space govern in accordance with the law,It is inseparable from the country's rule of law: Platform confirming liability,Application、Algorithm boundary definition,Online disputes to settle points ... The network space requires a series of laws to provide a stable and reliable institutional guarantee、Rules Guarantee and Programming。predictable,Build a strong country for network、Digital China This process,An obvious trend is -the governance of network space will definitely move towards the rule of law。

  (This article is the research results of "big data application and information justice" (21ZJQN10YB) research results)

(Author Unit: Scientific Research Department of Zhejiang Academy of Social Sciences)

Editor in charge: Zong Yue
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