A brief analysis of U.S. bet365 ohio promo code incapacitation tort liability legislation
February 27, 2023 10:16 Source: "Chinese bet365 ohio promo code" Issue 2598, February 27, 2023 Author: Yang Yinhong Shen Yujin

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In the United States,There is currently no federal level one、Specially adjust legal relations related to bet365 ohio promo code technology,In particular, the complete law regulating tort liability for bet365 ohio promo code incompetence,Civil liability and compensation for bet365 ohio promo code incompetence infringement,Either applicable laws and regulations related to consumer rights protection or general civil infringement,Or adjust using special laws regulating the infringement caused by the application of automation technology。But in recent years,Discussions on algorithmic incompetence infringement, especially infringement caused by algorithmic discrimination, are gradually emerging。Relevant legislative processes and plans are also worthy of attention。

  Discussion on tort liability for bet365 ohio promo code incompetence

The discussion on the discriminatory application of algorithms and the infringement of public equality rights originated from the initiative document "Statement on bet365 ohio promo code Transparency and Accountability" issued by the Association for Computing Machinery in 2017,This statement states that algorithms should adhere to 7 principles,To ensure that it operates safely under conditions of transparency and accountability,And avoid the bet365 ohio promo code itself from collapsing or being used in a discriminatory manner。These 7 principles require all entities related to algorithms to fulfill their duties of prudence,Aware of potential discrimination and harm in algorithms。Enterprises and other entities that apply algorithmic analysis technology should be given the right to question algorithmic decisions and obtain relief,Encourage subjects who use algorithms to explain the procedures followed and the specific decisions made。But no matter whether the process of bet365 ohio promo code decision-making is clear or not,Business entities that use algorithms should be responsible for all decisions made by the bet365 ohio promo code。Designers and builders of algorithms should be required to record models of artificial intelligence applications、Powered bet365 ohio promo code、Analyzed data and final decisions,So that it can be reviewed if damage is suspected;And should use rigorous methods to validate their models,And record the method and results。

February 2022,Some members of the U.S. Congress have proposed the idea of ​​formulating an "bet365 ohio promo code Liability Act" around the infringement of algorithmic incompetence,Defines in an enumerated manner the types of algorithms that have a higher risk of algorithmic discrimination and infringement,And recommends legislation to bring greater transparency to automated decision-making systems,Establish a stricter accountability system,Evaluate the key algorithms used by artificial intelligence and the public information generated by artificial intelligence applications in accordance with the law,To regulate and account for the discriminatory application of algorithmic technology。

  The bet365 ohio promo code law makes a positive attempt

June 2022,The United States released a draft of the “Data Privacy and Protection Act” (hereinafter referred to as the “Draft”)。The definition of “bet365 ohio promo code” in the draft is derived from machine learning and artificial intelligence technology、For the purpose of replacing labor or providing help to people、Computational processing program that makes decisions based on data processing results。Draft regulates the application of this type of processing technology。We can find out,The United States is committed to preventing bet365 ohio promo code incompetence,Especially to prevent commercial entities that use artificial intelligence to analyze data from abusing algorithms、Discriminatory use of algorithms to make business decisions,Efforts have been made to prevent data collection subjects from infringing on people’s equal rights。This effort is mainly reflected in three aspects。

First, bet365 ohio promo code technology designers and users bear presumption of fault liability for algorithmic discrimination infringement。The draft specifies the allocation of responsibilities for subjects related to bet365 ohio promo code infringement that is different from general infringement。The entities subject to the draft adjustments include: holdings、Analysis、Enterprises and other civil and commercial entities that use data。Among them,Big data holders who use algorithmic technology need to undertake a comprehensive assessment of the impact of the algorithms they use。The impact assessment includes measures taken by the big data holder to mitigate harm to individuals,And efforts to reduce discrimination in algorithms when processing specific data,These specific data may involve the personal data of people with incomplete civil capacity and other people who cannot fully control their personal information and minority groups who are susceptible to discrimination,And medical care、Credit and other related data。bet365 ohio promo code designers and developers are also responsible for evaluating the design of bet365 ohio promo code technology。Due to the existence of bet365 ohio promo code technology, there are many and complex influencing factors in the running state、Problems such as difficulty in reverse tracing,Infringed persons who are discriminated against when bet365 ohio promo code incompetence infringement occurs often find it difficult to point out the fault of the big data holder who uses bet365 ohio promo code technology and its causal relationship with the result of the infringement,In comparison, it is more fair to require bet365 ohio promo code technology developers and users to undertake regular evaluation and explanation obligations。Therefore,When consumers believe that algorithmic discrimination is the reason for the infringement of their civil rights,Users of algorithmic technology must bear presumption of fault liability,If it cannot prove that the bet365 ohio promo code it uses will not cause adverse effects or that necessary measures have been taken to prevent discrimination,You must bear the corresponding infringement liability。

Second, third-party technical service providers bear fault liability for bet365 ohio promo code infringement。The draft specifications reveal the black box of bet365 ohio promo code technology to a certain extent,And confirmed under what circumstances network business providers and third-party technical service providers, including artificial intelligence platform builders, will be deemed to be at fault。Including,Without the explicit consent of the big data holder directly linked to the individual providing the data,Improper interception of the data provided、Analysis、Use or spread,And the data is not deleted or de-identified after the expiration of the contract or the completion of the data use purpose stipulated in the contract。The at-fault third party shall be responsible for the leakage or unreasonable use of data,Fault liability for the resulting personal and property damage and other incompetent tort results。

Third, the infringed party can obtain compensation or compensation through public welfare infringement relief channels。Unauthorized application of algorithms to collect and process personal data、Discrimination and abuse of bet365 ohio promo code technology may lead to rights infringement。This phenomenon is not only widespread,And may affect the legal rights of consumers and other groups。In order to allow consumers to receive timely and effective economic compensation or compensation,The draft attempts to build a public welfare infringement relief fund channel。The draft establishes a special relief fund system similar to road traffic accident tort compensation,And stipulates that the U.S. Federal Trade Commission and judicial agencies shall deposit fines and other remedial compensation paid by illegal entities into the relief fund,To provide economic compensation or other monetary relief to the individuals who have been harmed。Also,In order to avoid confusion about rights and remedies,When someone believes that their legitimate civil rights and interests are,In particular, the civil rights of consumers stipulated in the draft,When the damage is caused by the fault of the designer and user of the bet365 ohio promo code or a third party,In addition to filing a civil lawsuit in a federal court of competent jurisdiction,In addition to requiring the infringer to bear liability for compensation,Written requests may also be made to the judiciary and the Federal Trade Commission,Affiliates of the state prosecutor's office and the Federal Trade Commission will hold responsible entities accountable。

  Points bet365 ohio promo code considered

Although the bet365 ohio promo code contains the above positive factors,But there are also parts worthy of consideration。

First,The draft attempts to stipulate the parties responsible for bet365 ohio promo code infringement,But due to the lack of effective technical backtracking methods,In essence, the problem that the operation of the bet365 ohio promo code is in a "black box" has not been completely solved: in the case of bet365 ohio promo code incompetence and infringement,Whether the subject has done something wrong and whether there is a causal relationship between the behavior and the result of the infringement,It still cannot be truly and effectively sorted out under the current conditions。

Secondly,Regulations on a wide range of multiple types of algorithmic incompetence infringement are still incomplete。The civil rights and interests of individuals protected by laws and regulations related to the field of artificial intelligence in the United States mainly focus on liability for rights infringement caused by algorithmic discrimination and abuse。As for other rights infringements caused by defects in the bet365 ohio promo code itself,Only investing、Medical、Only in transportation and other fields there is some special legislation,The issue of liability when adjusting algorithms to infringe upon personal and property rights。

AGAIN,The obligation specifications for each subject are more focused on the primary obligations they should bear,There is a lack of systematic provisions on the distribution and responsibilities for infringement caused by violation of due obligations。The development and design method of the bet365 ohio promo code in the draft、Platform Builder、The analysis application party and other entities have made provisions to bear corresponding responsibilities,But it is not sufficiently clear that it violates the provisions of the act,After civil infringement caused by bet365 ohio promo code failure,Distribution of responsibilities among the above subjects。

 Finally,Right relief channels with public interests are a "double-edged sword",It may also influence people to use other means to seek rights remedies on their own。According to the provisions bet365 ohio promo code draft,If the infringed consumer "sends a written request to the subject subject to adjustment requiring it to bear civil liability in the form of monetary payment",will be considered illegal、Malicious,This limits the right bet365 ohio promo code infringed party to claim for immediate compensation to a certain extent。

(This article is a phased result bet365 ohio promo code special project "Research on Tort Liability of Network Platforms under the Background of New Technologies" (FJ2020TWFX004) by the Fujian Provincial Social Science Planning Provincial Law Society)

(Author’s unit: Fujian Normal University bet365 ohio promo code School)

Editor: Cui Cen
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