Digital power behind the law system
December 21, 2023 14:16 Source: "China Social Sciences" December 21, 2023 Issue 2799 Author: Wang Yan

The algorithm contains a series of mathematical operations and converts it with a complete instructions for computer code,is one of the specific presentation of Internet technology。The algorithm takes the digital platform as the carrier,Dignificant power in digital society construction and operation,Specifically shaping people's behavioral specifications and lifestyles in the digital era。

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Today,Digital platform relies on its technical capabilities and possession of data,Under the mechanism of the power occurrence of social infrastructure,I have gained a dominance of social life。In the interoperability of algorithm technical attributes and social attributes,Digital platforms are dominating and controlling social practice。The integration and domination of massive data based on the algorithm,Digital power is embedded in the fields of social operations,It has an important impact on the social subject in the digital age。

Based on this cognition,It can interpret the operating logic of digital power from three dimensions。At the economic level,Digital platform relying on the data advantage of "information determination bet365 live casino games power distribution",Provide differentiated products and services to different subjects in the platform,Connection、Integrated、Reshape the resources and relationships between various subjects,to create value,Realize capital flow、Material flow, etc.,Maximize the interests of various subjects。At the technical level,Digital platform relies on its technical advantage,Give full play to the precise distribution of the algorithm、feature mining and other functions,Personal information interaction with the entire digital society with personal terminals (such as mobile phones),thus reshaping the information flow and achieve digital control。At the legal level,On the one hand,Digital platform as the subject of digital power,There is a relationship between cooperation and game between government supervision rights (such as antitrust, etc.)。On the other hand,Digital platform relies on its control of factor resources,In fact, possessing the formulation rules、Supervision and Management Power。At this time,The digital power behind the algorithm breaks through the traditional understanding of "power is public power",It is a private subject with regulatory nature。

  Regulatory mode of digital power 

Operating logic at the economic level,Make the main body of digital power to maximize its own interests; technical operation logic,bet365 best casino games Make it to human society、Physical World、Digital control capabilities of information space; legal operation logic at the legal level,Make it have the de facto "regulation right" to the subjects in the platform。So,The expansion of digital power is often difficult to curb,It is necessary to regulate it in accordance with the law。From the perspective of the existing system and practice,The following two types of regulatory modes are existing。

The first is the factor governance mode for the construction of digital platforms。According to the "Regulations on the Management of Recommended by the Internet Information Service Algorithm", "Regulations on the Management Regulations of the In -depth Synthetic of Internet Information Services", "Interim Measures for the Management of Fresh and Artificial Intelligence Services",Although the tentacles of algorithm governance have extended to technology research and development,But its regulatory objects are still mainly digital platforms,and around "data、Algorithm、Scenario "and other elements expand。The logic of these three elements of regulation is,Data is the basis,The algorithm is the integration of data (input and output),Scene is the specific application of data and algorithms。

First is data protection。Current,"Network Security bet365 Play online games Law", "Data Security Law", "Personal Information Protection Law", "E -commerce Law" and other data protection clauses,The dual framework for the construction of data security and personal information protection。Followed by the laws and regulations。Support "Guiding Opinions on Strengthening the Comprehensive Governance of Internet Information Service Algorithms" and "Recommended Management Regulations on Internet Information Service Algorithm",my country has initially formed the national information office as the regulatory subject,Using "algorithm security", "algorithm fair" and "algorithm towards good" as a value -oriented regulatory system。Last scene application。"Digital China Construction Overall Layout Plan" system divides various scenarios of digital power regulations,If online sales、Life Service、Social Entertainment、Information and Information、Financial services, etc.,The focus is on further institutionalization、Standardized digital platform as the main responsibility of the governance hub,Requires it to fulfill its corresponding safety guarantee obligations,We must fulfill the management obligations of service users。

The second is the whole process governance mode built according to the trajectory of power。It is marked with the 2021 "Recommended Management of Internet Information Service Algorithms",my country's supervision bet365 best casino games of digital power gradually gradually from the physical layer of the 1990s、Content layer of the early 21st century,extension to code layer,and initially formed a full -process governance mode。

One is to restrict beforehand。This means that the governance of digital power governance is moved forward,and point the regulatory objects to data and algorithms。Recommended in the algorithm、Short video、Webcast、social networks and other fields,Use algorithm filing、New technology, new application security assessment and other methods,Adhere to the technical governance network、Precise policy。The second is the supervision。On the one hand,Requires digital platform implementation of main responsibility,Efforts to achieve "preventive governance",Make sure the algorithm "promotes the core values ​​of socialism,Maintenance of national security and social public interests,Protecting citizens、Legal rights and interests of legal persons and other organizations "。On the other hand,Government as a regulatory subject,Coordinated development and security,Use guidance、Interview and other methods provide reasonable expectations for digital power operation。The third is afterwards punishment。Mainly follow the idea of ​​"subject -behavior -responsibility"bet365 Play online games ,Use administrative power to abuse digital power or "escape" for accountability。Data security,It is mainly reflected as network security、Data security、Personal information protection、Intellectual property protection and corresponding human -computer interaction relationships; in terms of responsibility,It is mainly reflected in order rectification、Disposal account、Mobile applications off the shelves、Passing function or update、Close website、Formation and other responsibility forms。

General Secretary Xi Jinping pointed out,"We must use history to reflect reality、Far View Future "。Digital power behind the law system,It is a new topic faced by digital society today、New Challenge,Need to summarize the existing institutional achievements and historical experience,In -depth analysis of the operation mechanism of digital power,Practical exploration based on the construction of digital rule of law,Continuously improve the governance system of regulating digital power in accordance with the law。

  (Author is the director of the Law Institute of Zhejiang Academy of Social Sciences、Researcher) 

Editor in charge: Cui Bohan
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