Artificial intelligence is the basic technology and universal technology of our digital age，But people's cognition shows the characteristics of polarization。On the one hand，Many people think that "real artificial intelligence" has not yet appeared，Once it appears, it will bring a crisis of survival; on the other hand,，More people realize that it has already spread all aspects of our daily life，But it did not bring any revolutionary changes。These two cognitions each reveal some characteristics of artificial intelligence technology，But it also reflects their own blind spots。The former mistakes artificial intelligence as a super artificial intelligence that has a self -awareness of human beings and a global mental architecture that adapts to various environments，The latter ignores the recommendation algorithm、Deep synthesis algorithm、Natural language processing technology and other seemingly unusual artificial intelligence technology applications that have a subtle and profound change in the production and life of human society。

So far，The biggest impact of artificial intelligence on human society is not its ability to copy or surpass human intelligence，but the impact of human intelligence: it makes humans more and more dependent on machines、The continuous continuous interval is getting shorter and shorter (so -called "two seconds attention")、More and more vulnerable to the induction of the algorithm。Brief words，While the machine becomes more and more "smart"，Humans are becoming more and more stupid。This happens，Obviously not because of artificial intelligence technology itself，but because of the mainstream business application model of artificial intelligence technology，or because digital technology companies are obtained in large scale、Analyze and use the digital ecosystem built by our data。Artificial Intelligence Legislatives should from behavioralism to ecologicalism，From algorithm governance to human -computer interaction interface governance。

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The widespread application of digital technology, including artificial intelligence, has entered the digital society in an all -round way。Digital society is characterized by its humanity。When we register with any application interface，We have all entered a small small habitat for a human being。Every time our click、Every time I watch、Every time you check、Each sharing will generate the creator of this small life realm、Analysis and use data。At this time, we are no longer users or consumers in the traditional sense，but the producer of the Bet365 app download data，or even the product itself。In other words，When you use digital products or services，They are also using you。And our law is still using the framework of dual linear relationships that originated from agricultural society and early industrial society to deal with the non -linear complex issues of digital society，This makes us not only unable to solve the problem，It is difficult to even discover real problems。

An example is the data trading system。Regardless of the "Opinions of the Central Committee of the Communist Party of China on the establishment of a more comprehensive factor market -based configuration system and mechanism" in 2020，Or 2022 "Opinions on the Establishment of Data Basic System to Build a Data Basic System"，All requires the requirements of "exploring the establishment of a data property system"。In the interval published by two important documents，Shanghai、Shenzhen and other cities have established data exchanges。But the data exchange is a product promoted by policy，instead of the product of the real market demand，This can be seen from the scarce trading volume。Because almost all digital technology companies have not packed their controlled data for transactions，They get data through their own algorithm architecture，Use these data to train and optimize algorithms，and finally realize the commercial value of data in the architecture that you control。For example，The algorithm architecture of Taobao and Pinduoduo can realize the precise matching of the needs and supply of buyers and sellers，Course in each transaction; Douyin's algorithm architecture accurately recommend and put short video content to users，and charges from advertisers based on its own precise recommendation ability; Tencent uses WeChat、QQ and other free social media services to get a large number of users，By analyzing user data and the behavior of behavior prediction and behavioral induction, it obtains advertising revenue and game income。All these companies do not have data confirmation and transaction needs，Their data flows in the architecture built by their computing power and algorithms，generate continuous value。

Another example is in the antitrust method。Although the "Anti -Unfair Competition Law" and "Anti -Monopoly Law", from the perspective of protecting consumer rights and preventing the abuse of market dominance，Try to regulate related legal relations，But limited to the specific behavior of regulation。illegal acts in the sense of the Anti -Monopoly Law，Market subject must have a market dominance in the relevant market，and made specific behaviors of abuse of dominance，For example, Ali's "two -choice one" policy for Taobao merchants。But platform companies like Ali are not just a new type of market entity，Bet365 lotto review but a new type of market。They actually control the access of the digital market with hundreds of millions of suppliers and demanders、Rules Formulation、Price formation and dispute resolution。Economics theory based on the traditional competition law ignores increasing inequality between market entities，On the other hand, I also ignore the impossible of "autonomy"。In addition to the inequality that has long been revealed by economic situation and negotiation ability，Digital economic environment is more important or not in compassion。Just means autonomy，The business application of digital technology itself is to accurately control people's meaning formation and expression。Not to mention，Facing the lengthy and tedious user protocol and the privacy policy contained in it，Few users will read from beginning to end before choosing to consent or disagree，or，Even if someone patiently reads it, I am afraid I have to choose to agree，Otherwise, you cannot use an urgent need for service。

Actually，Rules makers have realized the feature of the platform as a new market，For example, the definition of the platform "through network information technology，Make the bilateral or multilateral entities that depend on each other interact under the rules provided by a specific carrier，Commercial Organization Forms that jointly create value together "。In this definition，The platform is not a market transaction subject，Instead, the "commercial organization form" that creates trading conditions for transaction subjects，That is the market。But in specific rules design，The new rules are not promoted from this certain meaning，Instead, I returned to the old road that regulates the market subject。

In the current rules system，Only "Regulations on the Ecological Governance of Network Information" transcend the traditional thinking framework，Start from the perspective of ecology and architecture，Requires the platform to bear the responsibility of being an ecological maintenanceer。For example, Article 9 stipulates: "The network information content service platform shall establish a network information content ecological governance mechanism，Formation of the details of the network information content ecological governance rules，Improve user registration、Account Management、Information release review、Follow post review review、Ecological Management of Layout Page、Real -time inspection、Emergency disposal and online rumors、Information disposal of the black industry chain information。"" This legislative idea is very similar to the concept of "Gatekeeper" in the EU "Digital Market Law"。According to this law，The platform that meets the following three standards will be determined bet365 live casino games as the doorkeeper and bear the responsibility that the general private law subject does not have to bear，For example, to provide other developers with obligation to interactable and operable。These three conditions are: (1) Provide core platform services。Core platform service refers to the portal of acting as an enterprise user to contact the end user，Including online intermediary services、search engine、Video sharing、Video sharing、Interpersonal communication services without dialing、Operating System、Browser、Virtual Assistant、Cloud computing services and online advertising services。(2) There is a considerable influence in the market in the European Union。The quantitative standard for influence is that in the past three financial year, the average market valuation of more than 75 billion euros in the market in the EU in the past three years has exceeded 75 billion euros，and provide core platform services at least three member states。(3) Enjoy a established or expected firm status。The judgment standard is to have an average of at least 45 million end users or at least 10,000 enterprises per month in the EU in the past three financial year。

Now，The concept of the EU's digital goalkeeper is combined with the ecological governance concept in my country's "Ecological Governance of the Internet Information Content"，Services for content、Social Media、Social Media、Different types of platforms such as search engines and sharing services establish the standard standards and corresponding ecological maintenance and ecological governance obligations，can form a rule of law mode that is more in line with the characteristics of the digital technology industry。

　From algorithm governance to human -computer interaction interface governance 

Artificial Intelligence is usually imagined as a technology that replaces humans，In the legal field，Robot judge、Robot lawyers often cause people's concerns，Especially the breakthrough development of generating artificial intelligence has caused a new round of "machine replacement people" anxiety。But human -machine symbiosis and human -machine interaction are the common phenomenon of present and recent future。The current algorithm governance proposes algorithm explanations、Algorithm transparent、Algorithm filing、Algorithm audit, etc. For the normative requirements of the algorithm itself，These requirements are difficult to play even if they can be implemented，Because the operation of deep learning algorithms、Unable to explain。More practical and operable human -computer interaction interface design rules but fail to enter the vision of legislators。

Compared with the previous "non -intelligent" tools，The biggest feature of artificial intelligence technology is its "learning" ability。Learning has a special meaning here，Bet365 lotto review One of the founders of artificial intelligence technology、The Turing Award and the Nobel Prize in Economics Sima He's words: "Learning is any change that causes the system to adapt to the environment in the system or the permanent change of the environment.。"The material of artificial intelligence learning is human behavior data and text、audio and video content data，Through learning，"The material of artificial intelligence learning is human behavior data and text，It can also generate new content (generated artificial intelligence)。That is to say，It can improve its ability in the process of interacting with humans，Can find the paradigm and rules hidden in a large amount of human behavior data and content data，Based on this, it will make people mistakenly think that it is the content of human creation。This "living" or "intelligent" tool is that humans have not used it in the past，It also turns human -computer interconnection into a real "interaction"。It is precisely because of its characteristics，Interface design from human -machine interaction、Process governance and results control starting to regulate the application of artificial intelligence technology becomes very important。Unfortunately，The existing legal rules involved in digital technology including artificial intelligence are still separating people and things (tools) for consideration。Some rules start with the impact of technology on people，Focus on protecting the rights of people (such as privacy and personal information rights); another part emphasizes the control of people's technology (the special person in the platform responsibility is responsible for the rules)，and lack of consideration and regulation of human -computer communication as a systematic existence。

Design through architecture、Application programming interface (API) and user interface design (UI) e -commerce platform、social media platform and content platform，Now it has become an indispensable medium for people to participate in social life and economic life。Platform uses machine learning algorithms to obtain、Analysis and user data，Tag identification of users、Portrait and behavior manipulation。In front of the giant net woven by the platform，Personal is transparent，The interface it faces is the result of the platform design，The operating mechanism behind it is ordinary user、Even external regulators are difficult to know its depth。In a sense,，Digital society is generally a black box society with concentrated computing power。and Dark Patterns is a window that is open to users on this black box。

Dark model refers to the designer intentionally confused the user，It is difficult for users to express their actual preferences，or manipulating the user's existing additional money、Time or personal information。They usually bet365 Play online games use cognitive bias，Promote online consumers to buy their products and services they do not want，Or revealing that they are unwilling to disclose the personal information that they were unwilling to disclose。Dark model is a common trick in the user experience design industry。In the digital ecology，Everything is about design，Design is the platform -led。Designer uses dark mode to hide、deception and seduce user leak information。They confuse users by asking questions that non -experts cannot understand，The interface element that can help users protect its privacy to confuse users，Settings require registration and related disclosure to access function，Connect information sharing with in -application benefits，Hidden malicious behavior in the abyss of legal privacy policy。

　　Existing legislation of human -machine interaction interface treatment 

Dark models exist in various types of platforms and network services。For example，On the e -commerce platform，It mainly manifested as an unreasonable difference price，This is the "big data killing" that we often heard。One price、Disposal price and difficulty in price are e -commerce、Common features of booking platforms and online car rental platforms，And these platforms are to achieve this characteristic through architecture design and user interface design。Just as a classic paper studying "Dark model governance": "Decision -making structure，instead of price，Drive consumers to buy decision -making。”

For this，The relevant legislation of our country has adopted a traditional mode definition of behavior，Actions that are prohibited from unreasonable differences。For example, Article 24 of the Personal Information Protection Law stipulates: "Personal information processors use personal information to automate decision，Should ensure the transparency and fairness of the decision -making、Justice，Do not implement unreasonable differences in transaction conditions such as transaction prices。"But，This kind of legal rules for behavior rather than architecture cannot solve the universal dark model problem，Make a business model that does not obtain excessive personal information based on prices cannot be regulated。

From the perspective of out -of -domain experience，The relevant norms of California and the European Union in the United States are worthy of reference。The Privacy Law (CPRA) in California is the first law in the world to clearly define the dark model，It defines the dark mode as "an artificial design or manipulation user interface，The essence of the essence is subverting or damaging user autonomy、Decision or selection "，and specify that the consent expressed by the dark mode is not a real consent，The contract is invalid from the beginning。The EU "Digital Service bet365 best casino games Law" that will be implemented in March 2024 has a more detailed definition of the dark mode: "The dark model on the online platform interface is intentionally or actually seriously distorted or damaged service recipients. Autonomous and knowledgeable choice or ability to decide。These practices can be used to persuade the service to make a decision that does not want to make or make a decision to bring adverse results。Based on this definition，This law prohibits digital service providers from adopting the interface design that meets the characteristics of the dark mode。”

Dark model governance is just an example of the damage and risk of digital technology from the design of human -machine interaction interface design。The law cannot be regulated directly，The impact of regulatory and control technology on people should be regulated。Fighting on the design of human -computer interaction interface，It is a shortcut to find the focus of artificial intelligence law。

　 (the author is a professor at the Kaiyuan Law School of Shanghai Jiaotong University)