bet365 new user promo governance should first be based on protecting the rights of algorithms
July 21, 2023 08:42 Source: "Chinese bet365 new user promo Sciences Journal" Issue 2696, July 21, 2023 Author: Zhang Linghan

bet365 new user promo governance should first be based on protecting the rights of algorithms。bet365 new user promo rights refer to those enjoyed by individuals,for knowing、Participate or change、The right to refuse bet365 new user promo automated decision-making,The purpose is to ensure that individual interests are not harmed by automated decision-making by algorithms,And being able to obtain relief after being violated。bet365 new user promo power refers to public institutions and platforms facing relative people through certain algorithms、A series of roles and influences actively exerted by users and the public,This role and influence embodies and implements the will of public institutions and platforms with the help of carefully designed algorithm models and interactive mechanisms。

In the bet365 new user promo governance system,bet365 new user promo power is the direct starting point of bet365 new user promo governance,But it is not the best place to exert force。Too much reliance on bet365 new user promo risk prevention and governance,Ignoring the protection of bet365 new user promo rights is also an important cause of risk,It is also divorced from the ultimate goal of bet365 new user promo governance - ensuring the well-being of individuals in the digital age。

  Weak bet365 new user promo protection mechanismThe same bet365 new user promo cause of risk

The protection of bet365 new user promo rights rather than the regulation of bet365 new user promo power should be the primary foothold of bet365 new user promo governance。bet365 new user promo rights are not created,But it has the logical basis of traditional rights,To accommodate disproportionate individual rights in bet365 new user promo automated decision-making,Only in this way can the gap between actual legal rights and deserved rights be bridged,Using new systems to achieve ancient equality in the era of artificial intelligence、Freedom、The goal of justice。Currently,bet365 new user promo power anomie such as “bet365 new user promo discrimination” and “bet365 new user promo hegemony”,Realistically affecting user rights and civil rights。Many scholars advocate that the regulation of bet365 new user promo power should become the foothold of bet365 new user promo governance,In practice, the relevant systems for the supervision of bet365 new user promo power have also become the main way to prevent bet365 new user promo risks at this stage。However,What cannot be ignored,The weakness of algorithm rights protection mechanism is also a cause of risk。

In recent years,The idea of ​​my country’s bet365 new user promo governance system closely revolves around the regulation of bet365 new user promo power。For example, in 2022, our country promulgated and implemented the "Internet Information Service Algorithm Recommendation Management Regulations" (hereinafter referred to as the "Regulations"),Fully grasp the endogenous risks and application risks of algorithms,Risk prevention rules are designed specifically around the regulation of bet365 new user promo power。But unfortunately,There is a lack of effective remedies for private rights in my country’s bet365 new user promo governance system,The damage caused by individual diversity cannot be effectively remedied through bet365 new user promo power regulation。In bet365 new user promo automated decision-making,Privacy、Personal information protection、Consumer protection and platform labor rights and other diverse rights,It will inevitably not be fully covered by the bet365 new user promo power supervision system。The current private remedy path for bet365 new user promo rights is not smooth, causing the remedy for such damage to rely too much on administrative supervision,Form path dependency。However, limited by resources,Administrative supervision is often insufficient。And public law means must be limited to penalties expressly provided for by law,It is difficult to cope with flexible and changeable practical problems。On the one hand, the challenges brought by the era of artificial intelligence to the original legal rights system,On the other hand, bet365 new user promo power regulation cannot fully cover the prevention of bet365 new user promo risks and the relief of damage,This prompted the emergence of “bet365 new user promo rights” at the academic level。

  bet365 new user promo governance at this stageShould be based on bet365 new user promo rights protection mechanism

bet365 new user promo rights should become the foothold of bet365 new user promo governance in the next stage。Algorithm rights in progress,The continuation of existing traditional legal rights in the era of artificial intelligence,If an individual relies on the contract system、Consumer Rights Protection System、The rights that the administrative law system should enjoy;There are also plans to meet the challenges of the artificial intelligence era,Rights based on policy considerations and interests and designed by special systems。The purpose of bet365 new user promo rights is to ensure that individual interests are not harmed by automated decision-making by algorithms,And being able to obtain relief after being violated。bet365 new user promo rights have gradually been recognized and determined by the legislation of various countries in recent years,But its kind、Connotation and denotation are still controversial。In the legislation of various countries,The earliest proposal for bet365 new user promo rights was the data subject’s right to request automated decision-making by algorithms in the European Union’s General Data Protection Regulation (hereinafter referred to as GDPR) implemented in 2018。For example, Article 71 of the background preamble to the GDPR states that data subjects have the right to be informed of automated decision-making by algorithms: “Appropriate safeguards should be put in place... to ensure that data subjects receive an explanation of decisions reached after such assessment,and question the decision。” "Personal Information Protection Law of the People's Republic of China" (hereinafter referred to as the "Personal Information Protection Law")、my country's "E-Commerce Law" and "Information Security Technology Personal Information Security Specifications" and other laws and regulations,Also gives individuals the right to know in automated decision-making by algorithms、Right of interpretation、Disengage from automated decision-making rights and other related rights。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。Push information to individuals through automated decision-making、Business Marketing,should also provide options that are not specific to their personal characteristics,Or provide individuals with a convenient way to refuse。Make decisions that have a significant impact on personal rights through automated decision-making,Individuals have the right to request explanations from personal information processors,And the right to object to personal information processors making decisions solely through automated decision-making。”

First,bet365 new user promo power lies in restrictions and regulations,bet365 new user promo rights can take into account both protection and relief。bet365 new user promo rights are not created out of thin air,Each of these rights has the institutional basis of traditional rights,It also reflects the changes in the legal system’s response to the large-scale application of bet365 new user promo decision-making in the era of artificial intelligence。The essence of bet365 new user promo rights is the right to request,When an individual becomes or is about to become the subject of bet365 new user promo automated decision-making,Enjoy the relevant algorithm rights。In business algorithm automated decision-making,The individual enters into a contractual relationship with the algorithm applicator through the user agreement,Autonomy of will based on the contract system、Reliance interests and other rights and interests generate the right to interpret the algorithm、bet365 new user promo decision-making right to reject, etc.。Then the asymmetric power relationship between the users of commercial automated decision-making algorithms and individuals,Enabling individuals to have the legal status of consumers,Right to algorithm explanation (informed)、The right to refuse bet365 new user promo decision-making is essentially the consumer’s right to know in the consumer rights protection system、Right of independent refusal、The evolution of fair trading rights。In administrative algorithm automated decision-making,The right to explain (know) the algorithm is the proper meaning of the principle of administrative disclosure,The right to reject bet365 new user promo decision-making can also find the basis for the right to claim in the relief to the administrative counterpart。Therefore,The essence of bet365 new user promo rights is the claim rights enjoyed by a group of individuals whose decisions are automatically made by the algorithm,Has the function of protecting and relieving individual rights and interests。

Second,If regulating the power of algorithms requires algorithms to “not do evil”,Based on algorithm rights, it requires algorithms to "do good things"。Algorithm rights are legal burdens imposed on algorithm users,The purpose is to share part of the social risks of bet365 new user promo decision-making。Algorithm rights require algorithm users to inform individuals、Explaining bet365 new user promo Decisions,And provide opportunities for individuals to participate and raise objections,And providing individuals with the option to opt out of bet365 new user promo decision-making。Allocating the risk of bet365 new user promo decision-making to the developers and users of the algorithm is based on the following considerations: 1,The development and users of algorithms have the ability to spread risks。Too weak compared to others,Risks should be allocated to algorithm developers and users with stronger technical capabilities,Can induce people who can control risks to reduce risks as early as possible to avoid damage。Part 2,Protecting individuals’ interests in trusting automated decision-making by algorithms is the basis for algorithm developers and users to assume relevant algorithm obligations。The continuous strengthening of the protection of reasonable reliance has always been one of the main threads in the legal modernization process。Individuals entrust algorithm users to use personal data to make automated decisions based on trust interests,It is therefore reasonable to expect that when hazards and errors occur,Algorithm users respond fairly and responsibly。This reasonable requirement does not disappear because it is not specifically mentioned or excluded by law or user agreement。Allocating risks in this way by the law helps to form people’s basic trust in bet365 new user promo automated decision-making,And the development of industry、Technology research and development, etc. require the establishment and healthy operation of a trust model。

 Third,In the context of sufficient bet365 new user promo power regulation,bet365 new user promo rights should be constructed promptly as a “safety net” for bet365 new user promo governance。The term "safety net" is often used to describe the role of the social security system,Refers to when citizens encounter changes and misfortunes,The social security system can meet the basic needs of citizens,Relieving social anxiety。If a series of prior risk prevention systems in the algorithm governance system、Due process during the incident and accountability system afterwards failed to play a role,The bet365 new user promo rights of private rights become the protection of users’ personal rights、The last line of defense to restore social trust。Therefore,The term “safety net” vividly describes the positioning of bet365 new user promo rights in the bet365 new user promo governance system。The cost of exercising bet365 new user promo rights can be gradually reduced through the design of specific systems,But this cannot be used as a reason for its lack of institutional value,At least it can declare individual rights,Show legal attitude。Just as in order to achieve product quality and safety,The law has designed a multi-level institutional system,Including prior industry access system、Product quality system standards,In-progress quality inspection by the administrative department,Post-crime crime、Administrative liability and product infringement liability。Although we cannot expect that product infringement liability of a private nature will play the most important role,However, product infringement liability has its necessary existence value as a private right remedy。

  Too much emphasis on regulating the bet365 new user promo of algorithmsWill ignore the ultimate goal of bet365 new user promo governance

First,The ultimate goal of bet365 new user promo governance is the equality of individuals and the protection of their legitimate rights and interests。Algorithms are widely used by platform companies and the public sector to process massive amounts of data,Make instant automated decisions,The individual is in a decision-making position。The algorithm passes the possession of data、Processing and result output have become an emerging force in allocating resources,Evolve into resources、Product、Property、Intermediary and even social construction power。As in platform architecture,Algorithms directly become behavioral norms,Influence and control individual behavior。In government,Algorithms assist or even replace public power,Make legally binding automated decisions。Once the algorithm makes an unfair decision,It may cause serious social consequences due to its wide application to a large number of users。For example in the United States,Automated decision-making using algorithms and big data in private companies and government public sectors,Having left millions without insurance、Loan、Renting a house and a series of services,Like being imprisoned in an "bet365 new user promo prison"。The connotation of equality continues to change with the changes of the times,has long since emphasized political equality of freedom and human rights,Expanded to emphasize economic equality of resources and welfare,And then to social equality that emphasizes equal opportunities and abilities。The era of artificial intelligence has created new inequalities,And this inequality is even more hidden and serious - knowledge、Inequality in access to and mastery of information。This kind of data、The inequality between algorithms and computing power,Embedded in the inherent power structure of society,Making the unfair treatment that already vulnerable individuals may receive more hidden。bet365 new user promo rights are necessary rights that individuals should enjoy in the digital production system and digital government governance in the era of artificial intelligence。Either compared to platforms that master digital production,Compared with governments that have greatly improved efficiency in digital governance,Individuals are in an extremely disadvantaged position。Therefore,The ultimate goal of bet365 new user promo governance,It is the guarantee of individual equality and its legitimate rights and interests。

Secondly,Only bet365 new user promo rights are user-initiated bet365 new user promo governance paths。The setting of bet365 new user promo rights is precisely to balance the extremely disparate power relationship between algorithm decision-making users and individuals,Providing relief to individuals who may have been adversely affected by bet365 new user promo decisions,Thus achieving the equality pursued by the law。In the existing bet365 new user promo governance system,bet365 new user promo Accountability、bet365 new user promo Transparency、Platform self-discipline and other systems may be promoted by the government for the purpose of supervision,Either represents the position of the algorithm user。In Government、Comparing the power of the platform and users,Individuals do not have as powerful a counterweight platform as the government’s public power,There is no technical force to review automated decision-making algorithms,Don’t even have the strength to vote with your feet to leave the platform。Only algorithm rights are bet365 new user promo governance paths that can be initiated by users。Therefore,Private rights protection path plays an irreplaceable role。For this,my country’s bet365 new user promo governance system,Also for minors、Elderly、Scenes such as workers and big data becoming familiar,Configure corresponding behavioral rules respectively (Articles 19 to 21 of the "Regulations")。In order to achieve bottom-up algorithm governance,"Provisions" through rights path,Give individuals the right to challenge bet365 new user promo decisions。

Finally,The bet365 new user promo rights system can better relieve “digitally vulnerable groups”。Due to search、Mastery、Processing、Differences in knowledge and ability to use information equipment,Some individuals become “digitally disadvantaged”,And are easily manipulated by unbalanced technological power。The emergence of "digitally vulnerable groups" is due to the subject's own reasons,What is more important is the change in social order brought about by technological development、 Transformation of social conflicts and innovation of social structure, etc.,Making the supply of the original social system incompatible with new public demands。bet365 new user promo rights can ensure the right of digitally vulnerable groups to receive help,Thus achieving individual acquisition in the era of artificial intelligence、Applying technological equality。Specifically including the right to access the network,Also includes the right to obtain equal legal rights based on help in numbers,The purpose is to achieve digital equality in society。

(The author is a professor at the Data bet365 new user promo Research Institute of China University of Political Science and bet365 new user promo)

Editor: Chang Chang
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