Artificial intelligence is the basic technology and general technology in the digital era we live in，But people’s understanding of bet365 mobile shows polarized characteristics。On the one hand，Many people believe that “real artificial intelligence” is still far away，Once bet365 mobile appears, bet365 mobile will bring an existential crisis to mankind；On the other hand，More people realize that bet365 mobile has already pervaded all aspects of our daily lives，But bet365 mobile did not bring any revolutionary changes。Both of these two cognitions reveal certain characteristics of artificial intelligence technology，But bet365 mobile also reflects their respective blind spots。The former mistook artificial intelligence for super artificial intelligence that has human-like self-awareness and a global mental structure that adapts to various environments，The latter ignores the recommendation algorithm、Deep synthesis algorithm、The application of seemingly ordinary artificial intelligence technologies such as natural language processing technology has brought subtle and far-reaching changes to the production and life of human society。

so far，The greatest impact of artificial intelligence on human society is not its ability to replicate or surpass human intelligence，But its impact on human intelligence: bet365 mobile makes humans increasingly dependent on machines、Attention spans are getting shorter and shorter (the so-called “two-second attention span”)、More and more susceptible to the temptation of algorithms。In short，While machines are becoming more and more “smart”，Human beings are becoming more and more stupid。This happens，Obviously not because of the artificial intelligence technology itself，bet365 mobile is because of the current mainstream business application model of artificial intelligence technology，Or bet365 mobile is due to the large-scale acquisition of digital technology companies、A digital ecosystem built to analyze and leverage our data。Artificial intelligence legislation should move from behaviorism to ecology，From algorithm governance to human-computer interaction interface governance。

　　bet365 mobile behavioral governance to ecological governance

The widespread application of digital technology, including artificial intelligence, has enabled us to fully enter the digital society。The digital society is characterized by its artificiality。When we register to use any application interface，We have all entered an artificially created digital niche。Every click we make、Every view、Every time you check、Every share will generate a collection for the creator of this niche、Data analyzed and used。At this time we are no longer users or consumers in the traditional sense，But the producer of data，Even the product itself。In other words，When you use digital products or services，They are using you too。And our laws are still using the framework of binary linear relationships originated from agricultural society and early industrial society to deal with the non-linear complex problems of digital society，This resulted in us not only being unable to solve the problem，bet365 mobile is difficult to even discover the real problem。

An example is the data trading system。Whether bet365 mobile is the 2020 "Opinions of the Central Committee of the Communist Party of China and the State Council on Building a More Complete System and Mechanism for Market-oriented Allocation of Factors"，bet365 mobile’s still the 2022 “Opinions of the Central Committee of the Communist Party of China and the State Council on Building a Data Basic System to Better Play the Role of Data Elements”，Both have put forward the requirement of “exploring the establishment of a data property rights system”。In the interval between the release of two important documents，Shanghai、Shenzhen and other cities have established data exchanges。But data exchange is the product of policy promotion，Instead of a product of real market demand，This can be seen from the sparse transaction volume。Because almost all digital technology companies have no need to package the data they control for transactions，They obtain data through the algorithm architecture designed by themselves，Use this data to train and optimize algorithms，And finally realize the commercial value of data in the architecture controlled by yourself。For example，The algorithm architecture of Taobao and Pinduoduo can achieve accurate matching of demand and supply between buyers and sellers，Commission on every transaction；Douyin’s algorithm structure accurately recommends and delivers short video content to users，And charge from advertisers based on their ability to accurately recommend；Tencent uses WeChat、Free social media services such as QQ gain a large number of users，Obtain advertising revenue and game revenue through the analysis of user data and the resulting behavior prediction and behavior induction capabilities。All these companies have no need for data confirmation and transactions，Their data flows in the architecture they built using computing power and algorithms，Producing a steady stream of value。

Another example is in antitrust law。Although the "Anti-Unfair Competition Law" and the "Anti-Monopoly Law" respectively protect consumer rights and prevent abuse of market dominance，Try to regulate relevant legal relationships，But only to regulate specific behaviors。To constitute an illegal act within the meaning of the Anti-Monopoly Law，Market entities must have a dominant market position in the relevant market，And committed specific acts of abusing a dominant position，For example, Alibaba’s “choose one” policy for Taobao merchants。But platform companies like Alibaba are not just a new type of market entity，But a new type of market。They actually control access to the digital market with hundreds of millions of suppliers and demanders、Rule formulation、Price formation and dispute resolution。The economic theory on which traditional competition law is based ignores the growing inequality among market entities，On the other hand, bet365 mobile also ignores the impossibility of “autonomy of will”。In addition to the inequalities that have long been revealed such as economic status and negotiation ability，In the digital economic environment, the main problem is the asymmetry in computing power。In terms of autonomy of will，The commercial application of digital technology itself precisely controls people’s formation and expression of meaning。Not to mention，Facing the lengthy and cumbersome user agreement and the privacy policy contained therein，Very few users will read bet365 mobile from beginning to end and then choose to agree or disagree，Or，Even if someone has the patience to read bet365 mobile, I’m afraid they have to agree，Otherwise, a much-needed service would be unavailable。

Actually，Rule makers have realized the characteristics of platforms as a new type of market，For example, the "Anti-Monopoly Guidelines of the State Council Anti-Monopoly Commission on the Platform Economy" defines a platform as "through network information technology，Enable interdependent bilateral or multilateral entities to interact under the rules provided by a specific carrier，Business organization form to jointly create value”。In this definition，The platform is not a market transaction entity，bet365 mobile is a "commercial organization form" that creates transaction conditions for trading entities，That is the market。But in the specific rule design，bet365 mobile is impossible to deduce new rules from this definition，But bet365 mobile has returned to the old way of regulating the behavior of market entities。

In the current rule system，Only the "Regulations on Ecological Governance of Network Information Content" transcends the traditional thinking framework，Start from the perspective of ecology and architecture，Require the platform to assume its responsibility as an ecological maintainer。For example, Article 9 stipulates: “Online information content service platforms should establish an ecological governance mechanism for online information content，Develop detailed rules for the ecological governance of network information content on this platform，Perfect user registration、Account Management、Information release review、Post comment review、Form page ecological management、Real-time inspection、Emergency response and Internet rumors、Black industry chain information disposal and other systems。”This legislative idea is very similar to the concept of bet365 mobile market “gatekeeper” in the EU’s bet365 mobile Market Law。According to this law，Platforms that meet the following three criteria will be identified as gatekeepers and bear responsibilities that ordinary private law subjects do not have to bear，For example, the obligation to provide interoperability for other developers, etc.。These three conditions are: (1) Provide core platform services。Core platform services refer to serving as a portal for enterprise users to contact end users，Includes online intermediary services、Search engine、Social Network、Video sharing、Interpersonal communication service without dialing、Operating system、Browser、Virtual Assistant、Cloud computing services and online advertising services。(2) Considerable influence in the EU market。Impact is quantified by an EU-wide market turnover of more than €7.5 billion in each of the last three financial years or an average market valuation of more than €75 billion in the previous financial year，And provide core platform services in at least three member states。(3) Enjoy an established or predictable solid position。The criterion is having an average of at least 45 million end users or at least 10,000 business users per month in the EU in each of the last three financial years。

Present，Combining the EU’s concept of bet365 mobile gatekeepers with the concept of ecological governance in my country’s “Regulations on Ecological Governance of Network Information Content”，For content services、E-commerce、Social media、Different types of platforms such as search engines and shared services establish gatekeeper standards and corresponding ecological maintenance and ecological governance obligations，A legal model that is more in line with the characteristics of the bet365 mobile technology industry can be formed。

　bet365 mobile algorithm governance to human-computer interaction interface governance

Artificial intelligence is often imagined as a technology that replaces humans，In the field of law，Robot Judge、Robot lawyers often cause people to worry，In particular, the breakthrough development of generative artificial intelligence has caused a new round of anxiety about "machines replacing people"。But human-computer symbiosis and human-computer interaction are common phenomena now and in the near future。Current algorithmic governance proposes algorithmic explainability、Algorithm transparency、Algorithm registration、Algorithm audit and other normative requirements for the algorithm itself，Even if these requirements can be implemented, bet365 mobile will be difficult to work，Because the operation of deep learning algorithms is opaque even to their designers、Unexplainable。More practical and operable human-computer interaction interface design rules have failed to enter the vision of legislators。

Compared with previous “non-intelligent” tools，The biggest feature of artificial intelligence technology is its "learning" ability。Learning has a special meaning here，One of the theoretical founders of artificial intelligence technology、In the words of Sima He, winner of the Turing Award and Nobel Prize in Economics: "Learning is any change in a system that results in a large or small permanent change in the system's ability to adapt to the environment。”The material for artificial intelligence learning is human behavioral data and text、Audio and video and other content data，Through learning，bet365 mobile is able to analyze and predict human behavior (analytical artificial intelligence)，Also able to generate new content (generative artificial intelligence)。In other words，bet365 mobile can improve its abilities in the process of interacting with humans，Be able to discover the hidden paradigms and patterns in massive human behavior data and content data，And based on this generate content that people would mistake for human creation。This kind of "living" or "intelligent" tool has never been used by humans before，bet365 mobile also makes human-computer interaction a real "interaction"。bet365 mobile is precisely because of this characteristic，Interface design from human-computer interaction、bet365 mobile has become very important to regulate the application of artificial intelligence technology through process governance and result control。Unfortunately，Existing legal rules involving digital technologies, including artificial intelligence, still consider people and objects (tools) separately。Part of the rules starts with the impact of technology on people，Focus on protecting people’s rights (such as privacy and personal information rights)；Another part emphasizes people’s control over technology (the rule of dedicated personnel in platform responsibility)，There is a lack of consideration and regulation of human-computer interaction as a systematic existence。

Through architectural design、An e-commerce platform built by application programming interface (API) and user interface design (UI)、Social media platforms and content platforms，Now bet365 mobile has become an indispensable medium for people to participate in social and economic life in their daily lives。The platform uses machine learning algorithms to obtain、Analyzing and using user data，Tag identification of users、Profiling and Behavioral Manipulation。In front of the giant network woven by the platform using algorithms，Individuals are transparent，The interface bet365 mobile faces is the result of platform design，The operating mechanism behind bet365 mobile is for ordinary users、Even external regulators find bet365 mobile difficult to understand the depth of bet365 mobile。In a sense，The digital society is generally a black box society with concentrated computing power。Dark Patterns is a window open to users on this black box。

Dark mode means that designers deliberately confuse users，Make bet365 mobile difficult for users to express their actual preferences，Or manipulate users to pay extra money that they don’t have to pay、Time or personal information。They often exploit cognitive biases，Pushing online consumers to buy goods and services they don’t want，Or disclose personal information that they would not knowingly disclose。Dark mode is a common trick in the user experience design world。In the digital ecology，bet365 mobile’s all about design，And design is platform-led。Designers use dark mode to hide、Deceive and induce users to disclose information。They confuse users by asking questions in a way that non-experts cannot understand，Confuse users by hiding interface elements that help them protect their privacy，Setup requires registration and associated disclosures to access features，Connect information sharing with in-app benefits，And hide malicious behavior in the abyss of legal privacy policy。

　　Existing legislative examples of human-computer interaction interface bet365 mobile

Dark mode exists on various types of platforms and web services。For example，On e-commerce platform，bet365 mobile mainly manifests itself as unreasonable differential pricing，This is what we often hear about “big data killing”。One price per person、Opacity of prices and difficulty in comparing prices are e-commerce’s problems、Common features of booking platforms and online ride-hailing platforms，These platforms achieve this feature through architectural design and user interface design。As a classic paper on "dark pattern governance" writes: "Decision-making architecture，instead of price，Drives consumer purchasing decisions。”

To this，my country’s relevant legislation adopts the traditional model of behavioral definition，Prohibiting unreasonable differential pricing。For example, Article 24 of the "Personal Information Protection Law" stipulates: "Personal information processors use personal information to make automated decisions，Transparency of decision-making and fairness of results should be ensured、Justice，No unreasonable differential treatment shall be applied to individuals in terms of transaction prices and other transaction conditions。”But，This kind of legal rule established for behavior rather than architecture cannot solve the pervasive dark pattern problem，Making bet365 mobile impossible to regulate business models that are based not on price but on excessive acquisition of personal information。

From overseas experience，There are relevant regulations in California and the European Union worth referring to。California’s Privacy Rights Act (CPRA) is the first law in the world to clearly define dark mode，bet365 mobile defines dark mode as “a contrived or manipulated user interface，The actual effect is to subvert or damage user autonomy、Decision or choice”，And stipulates that consent expressed induced by dark mode is not true consent，The contract is void from the beginning。The EU’s Digital Services Law, which will be implemented in March 2024, has a more detailed definition of dark mode: “Dark mode on the online platform interface is intended to intentionally or actually seriously distort or damage the service recipient’s actions. The practice of the ability to make autonomous and informed choices or decisions。These practices can be used to persuade recipients of services to behave unintentionally or to make decisions that would have adverse consequences for them。Based on this definition，This law prohibits digital service providers from adopting interface designs that comply with dark mode characteristics。”

Dark mode governance is just an example of starting from human-computer interaction interface design to control the damage and risks caused by bet365 mobile technology。The law cannot and should not directly regulate technology，The impact of technology on people should be regulated and controlled。Focus on human-computer interaction interface design，Is a shortcut to find the focus of artificial intelligence legal regulations。

　 (The author is a professor at Kaiyuan bet365 mobile School of Shanghai Jiao Tong University)