Recommend the algorithm service to create a benign rule of law orbit
June 29, 2022 08:11 Source: "China Social Sciences", June 29, 2022, Issue 2437 Author: Hong Xuejun

With the development of artificial intelligence technology,Algorithms are increasing into the fields of digital economy and digital life。Operation rules of the digital world,The specifications and supervision of the algorithm shall be committed to building the value -oriented of the new order of digital civilization,Support the guarantee of China's digital economy on the world stage。The Central Committee of the Communist Party of China issued the "Outline of the Implementation of Social Construction of Law (2020-2025)",It is proposed to formulate and improve the recommendation of the algorithm、Standardized management measures for new technology applications such as deep forgery,"Recommended Management Regulations on Internet Information Service Algorithms" (hereinafter referred to as the "Regulations") born in this context。"Regulations" Make specifications from the design level recommended by the algorithm,Covering algorithm discrimination、"Big Data Killing"、Hot issues such as induction and addiction,The Chinese plan for comprehensive governance of algorithm recommendation service。The philosophy of transmission is clear: Through advocating technology upward,Implementation algorithm behavior can be traceable、Algorithm supervision is strong、The laws system is effective,to promote the systemization of algorithm governance and modernization of network space governance。

  Bet365 app download

"Regulations" clarify the algorithm recommendation service provider should adhere to the mainstream value orientation,Optimized algorithm recommendation service mechanism,Actively spread positive energy,Promote algorithm application upward。This concept runs through: algorithm recommendation service providers must not use algorithm recommendation services to engage in illegal activities or disseminate illegal information; they must not generate information information Bet365 app download released by units within the scope of non -national regulations; Implementation of influencing online public opinion、Avoid supervision and management, monopoly and unfair competition behavior。Algorithm recommendation service can be based on user interests、Hobbies and needs,Provide more personalized and convenient information acquisition experience。But the lack of regulatory algorithm recommendation can also cause algorithm black box、Algorithm discrimination、Algorithm addiction and many problems。How to calibrate the technological innovation and development calibration of technological innovation and development within the legal framework,We need us to explore a Hengping Rules that encourage innovation and protection rights。

The first "mobile phone traffic hijacking case" tried by the Hangzhou Internet Court,Fully considers the subjective intention of using the mobile phone app to awaken the strategy to implement the algorithm recommendation service behind the traffic hijacking。Effectively balance the right to know the right to know and the right to choose from、Market competitive equity value and other diversified legal benefits,The final decision to stop the defendant's suspension of unreasonable competition in the case、Compensation for economic losses, etc.,Defining a legally and reasonable border for technological innovation development。This case shall respect Article 4 of the "Regulations". "Provide algorithm recommendation services shall respect social morality and ethics,Acting for business ethics and professional ethics "made a vivid example interpretation and confirmation,may provide more new ideas for further activation of "promoting algorithm application upward"。

  Pay attention to the combination of "rule of law" and "autonomy"

With the development of the Internet economy,Network platform design through algorithm、deployment and application,Become an important subject of online operation。Therefore, algorithms such as algorithm recommendation services embed the phenomenon of "algorithm power" formed by social power,It is necessary to clarify the bet365 best casino games dual identity of the platform as an important "governance subject" and "governance object"。That is to say,Deepen the governance to the underlying architecture of the platform,Let the platform be a good "maker and executor of governance rules" under the supervision of the rule of law "。

A major innovation highlight of the "Regulations" is,On the basis of following the technical logic of the algorithm,Clearly constructed the algorithm accountability mechanism in the platform economic scenario,Stallion "technical neutral" veil of algorithm automation decision -making。For example, Article 8 of the Regulations: "Algorithm recommendation service providers shall regularly review、Evaluation、Verification algorithm mechanism、Model、Data and application results,Do not set up inducing users' addiction、Excessive consumption and other algorithms that violate laws and regulations or violate ethical morality。"The algorithm as the technical logic of the platform's underlying technical logic becomes a direct supervision object,The subjective intention of algorithm design deployment is expected to become the basis for accountability。The first public data utilization case tried by the Hangzhou Internet Court,Disputes originated from an information on the "plaintiff bankruptcy liquidation" without review。Although the information is automatically extracted by the algorithm、Generation,But the actual operation company of the platform in the algorithm design、Operating Supervision、The results of the results should have a certain attention obligation。"Technical Neutral" is not the same as "value neutral"。Technology itself is neutral,But after being injected into the design concept,It is responsible for。So,Platform design of the platform as an algorithm recommendation service provider、Algorithm responsibility for deployment and application,Comprehensive consideration of the platform's actual control of different infringements、Results foresee、Subjective intention and afterwards relief measures, etc.,The principle of accountability for forming responsibility and ability to be equal,bet365 Play online games Promoting platform autonomy develops perfectly within the framework of the rule of law。For example, recommendation for artificial intelligence media algorithms,The platform that can be required as an algorithm recommendation service provider continues to improve the algorithm operation mode,Restrication of more closely related to the public discourse and the relationship between personality algorithm,Reduce the "information cocoon house" effect while providing services。

  Classification Standards for Refined Regulatory Classification

"Regulations" in regulatory ideas,The classification classification appears、Legislative concept of precise governance。On the one hand, based on public opinion attributes or social mobilization capabilities、User scale、User scale、Data important degree of data processing of algorithm recommendation、The degree of intervention of user behavior is differently implemented in grading classification management,On the other hand, it is for different subjects to make specific specifications for algorithm recommendation service providers。

"Regulations" proposes the concept of "the algorithm recommendation service provider with public opinion attributes or social mobilization capabilities",Determine its name should be fulfilled to fill in the name of the service provider、Algorithm type、Application field、Algorithm type、Algorithm self -assessment report、Information filing procedures such as proposed content and other strict obligations such as safety assessment。According to the algorithm recommendation service provider power、Set the corresponding class level management mechanism,It is conducive to better achieve layered governance。But the connotation and logical boundary of "algorithm recommendation service providers with public opinion attributes or social mobilization capabilities" still need to be further clarified in judicial practice,Avoid vague zones。Including the nature conversion of different algorithms in the application scenario,It also includes the effective connection of strengthening the classification management system and algorithm content, and dynamic adjustment management。This should Bet365 lotto review be an innovative space left by legislation for further expansion of judicial expansion。

In the layered governance of the judicial protection object,"Regulations" for minors、Elderly、Labor、Algorithm recommendation service provided by consumers and other subjects,Make a more targeted specific specification。Emphasize the induction of the algorithm recommendation service for minors,Pay attention to the safety and convenience of the elderly's recommendation service。How to develop suitable for minors、Algorithm recommendation service mode used by the elderly and other people? An app reviewed by the Hangzhou Internet Court to infringe the public welfare case of the Internet rights and interests of minors to protect the public welfare case.。In the trial of the case,The court found that the APP is collecting、Storage、Use、Sharing Personal Information and other links,There may be a design that endangers the personal information rights and privacy of the people's personal information rights and privacy。Therefore, it is not only ordered to compensate the platform to compensate for the loss of social public interests、Apologies for paying gifts,It also urges it to block、Recommended service services such as the privacy algorithm involved in minors。At the same time,Lead to promote the establishment of a minor network protection public welfare fund,Provides the judicial system foundation for strengthening the protection service protection of minors。Under -adult netizens are huge scale,Ensuring minors' personal safety and peaceful life。We can see through the above cases,It is necessary to further strictly collect and use the information of minors,Constructing a special review and human property guarantee mechanism for constructing minors' algorithms,Legislative guarantee for the governance of minor algorithms。

  Persist in the concept of digital power drive

Now moving to network、Digitalization、In a new social pattern of intelligent social,Algorithms will become an important factor affecting people's ideological decisions and shaping social concepts。This "Regulations" set the "algorithm see the door person" attention obligations bet365 Play online games and user rights protection for the algorithm recommendation service provider,Recommended from algorithm、Information content management、Recommended page display、Specific user objects, etc.,Putting three -dimensional management and control requirements。But in addition to the "Provisions" at the level of establishment and establishing a regulation level, the specifications,It also needs to show the value pursuit of "digital power" in the digital era in the governance of judicial rules,Through reasonable empowerment to users,Realize social public welfare、Dynamic legal balancing between technological innovation and user rights。

For example, the protection level of digital human rights and balancing of legal benefits。From the perspective of judicial practice,Some takeaway platforms are allocated in order、Complex composition and payment、Working hours、reward and punishment and other algorithm design,Excessive pursuit of food delivery efficiency Meet its economic benefits and user rights,To a certain extent, ignore digital human rights such as "takeaway brother" workers' rights protection。Another example is the algorithm recommendation service problem behind the platform's independent management right and the user's independent option。The first consumer and e -commerce platform retrieval service disputes tried by the Hangzhou Internet Court,It is determined that the search service of the e -commerce platform can be lower than the search engine standard。This not only fully considers consumers' dependence on platform recommendation results and strictly review the rationality of the search algorithm,I also respected the platform's independent management right。

"Regulations" system gives users the right to choose、Knowledge right、Get the right to run a full cycle of the running algorithm recommendation system for the explanation and relief,Allows the individual from the legal mechanism to fight algorithm control through "power rights",But the form of public participation can be more in the form。Except for the current provisions,You can consider trying to embed the social evaluation bet365 live casino games mechanism and expert technical ethics review mechanism,Create opportunities to allow the public to participate in the deployment of the platform algorithm system、Evaluation of the consequences of the application algorithm,Promote the platform algorithm architecture based on public value -oriented continuous optimization。

(The author is the party secretary of the Hangzhou Internet Court、Dean)

Editor in charge: Changchang
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com An Bei 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026