In the United States，At present, there is no federal level、Specialized legal relationship with algorithm technology，Especially the complete law of the regulatory algorithm disability infringement liability，Affordable and compensation for the civil liability for infringement of algorithms，Either applicable to consumer rights protection or general legal specifications of civil infringement，Either special laws caused by the application of regulatory automation technology to adjust。But in recent years，Discussion on infringement of algorithm disability, especially the infringement caused by algorithm discrimination, gradually surfaced。The relevant legislative process and plan are also worthy of attention。

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Discussion on the discrimination application of algorithm discrimination and public equal rights.，This statement states that the algorithm should abide by 7 principles，To ensure that it runs safely under the conditions of transparent and accountable，Avoid the algorithm's own collapse or use discriminatoryly。These 7 principles require all subjects related to algorithms to be fully cautious，Aware that the potential discrimination and hazards in the algorithm。Enterprises that should give application algorithm analysis technology and other subjects questioning the power of the algorithm decision and obtaining relief，Encourage the subject of the algorithm to explain the procedures and specific decisions followed by the algorithm。But whether the process of decision bet365 best casino games -making is clear，The commercial subject of the algorithm should be responsible for all the decisions of the algorithm。The design of the design builders of the algorithm records the model of artificial intelligence applications、The algorithm equipped、Analysis data and final decision -making，In order to review it without suspecting damage; and strict methods should be used to verify its model，and record methods and results。

February 2022，Some US Congress proposed the idea of ​​formulating the "Algorithm Responsibility Act" around the disabled infringement of algorithms，Listing defines algorithm type with higher algorithm discrimination against infringement，And it is recommended that the legislation can make the automated decision -making system has higher transparency，Establish a stricter accountability system，Evaluate the key algorithms used by artificial intelligence and public information generated by artificial intelligence applications，Therefore, the discriminatory application of algorithm technology is supervised and held accountable。

　　A positive attempt to make a draft law

June 2022，The United States announced the draft "Data Privacy and Protection Law" (hereinafter referred to as "draft")。The definition of "algorithm" for draft is derived from machine learning and artificial intelligence technology、For the purpose of providing help for manual or helping people、Calculation processing program for decision -making based on data processing results。Draft specifications of this type of processing technology。We can find it from it，The United States has for preventing algorithms from infringement，Especially for the abuse algorithm of commercial subjects that prevent the use of artificial intelligence analysis of data、Discrimination bet365 best casino games of discriminatory use algorithms to make business decisions，Make effort to prevent the equal rights of people's equal rights from infringing on people。This effort is mainly reflected in three aspects。

First, the designer and application of algorithm technical designers assume the liability for fault defense against the algorithm discrimination and infringement。Draft responsibility distribution of algorithm infringement related subjects made a specification that is different from general infringement。The main body adjusted by the draft includes: holding、Analysis、Enterprises and other civilian business entities for application data。Where，Big data holders using algorithm technology need to bear the obligation to comprehensively evaluate the impact on the algorithm used。Impact assessment contains measures that reduce the harm of individuals，and the effort made by discrimination when the algorithm has discriminated discrimination when processing specific data，These specific data may involve personal data of those who cannot completely control their personal information and minority people who cannot control their personal information，and Medical、Credit and other related data。The design developers of the algorithm also have the responsibility to evaluate the design of algorithm technology。Because the algorithm technology is operating, there are many influencing factors and complicated、Difficult to retrospective and other problems，The infringed person who is discriminated against when the algorithm is infringed is often difficult to point out the fault of the big data holder of the algorithm technology and the causal relationship between the infringement result，In comparison, it is required that algorithm technology developers bet365 live casino games and applicants to bear regular evaluation and explanation obligations are more fair。Therefore，When consumers believe that algorithm discrimination is the reason for its civil rights to be infringed，Applicants of algorithm technology need to bear the error -set responsibility，If the algorithm it uses will not cause adverse effects or has taken necessary measures to prevent discrimination，To bear the corresponding infringement liability。

Second, the third -party technical service provider assumes a fault liability for the infringement of the algorithm。The specification of the draft to a certain extent unveiled the black box of the algorithm technology to a certain extent，and confirmed where the network business providers and third -party technical service providers, including the artificial intelligence platform builder, will be identified as a fault。including，Under the premise of the "clear consent of the big data holder directly associated with the individual who provides the data"，Improper interception of the data provided by it、Analysis、Use or spread，and the data of the data is not deleted or identified。Third parties with faults should leak or unreasonable application of data，and the algorithm damage caused by the disability infringement caused by the physical property damage to the disability infringement result of the error liability。

Third, the infringed person can get compensation or compensation through the infringement relief channel with public welfare nature。Unauthorized application algorithm collection processing personal data、Discrimination and abuse of algorithm technology can lead to rights violations。This phenomenon not only exists widespread，and may affect the legitimate rights of consumers and other bet365 Play online games groups。In order to allow consumers to get timely and effective economic compensation or compensation，Draft attempt to build a public welfare infringement relief fund channel。A special relief fund system similar to road traffic accident infringement compensation is established in the draft，and stipulate that the Federal Trade Commission and judicial institutions shall deposit fines and other relief compensation paid by the illegal entities into the relief fund，Therefore, it provides economic compensation or other currency forms of relief。Another，In order to avoid the right of rights and relief chaos，When someone thinks his legal civil rights and interests，Especially the civil rights stipulated in consumers specified in the draft，When the fault of the algorithm designer, application or third -party subject is infringed，In addition to being able to file a civil lawsuit with the federal court with jurisdictions，Requires the infringer to bear the liability for compensation，You can also make a written request to the judicial organs and the Federal Trade Commission，The subordinate agencies of the procuratorate of the state and the Federal Trade Commission are held accountable for the subject of responsibility。

　　Where to be considered

Although the draft contains the above positive factors，But there are parts worth scrutiny。

First，Draft attempts to make stipulation on the subject of algorithm infringement，But due to the lack of effective technical retrospective means，In essence, the operation of the algorithm has not been completely solved in the "black box" problem: in the case of algorithm disability infringement，Whether there are fault behaviors in the subject and whether there is a causal relationship between the behavior and the invasion result，Under bet365 best casino games the current conditions, it still cannot be really effectively sorted out and clearly。

Next，Multiple types of algorithm disabled infringement specifications are still incomplete。Personal rights and interests protected by the laws and regulations related to artificial intelligence in the United States are mainly concentrated in the liability of the rights and interests caused by algorithm discrimination and abuse。and other rights invasion caused by the defects of the algorithm itself，Only investing、Medical、Traffic and other fields only have a part of the dedicated legislation，Adjust the algorithm to infringe the responsibility of personal and property rights to bear the problem。

again，The obligation specifications of each subject are more for the first sexual obligation that should be assumed，Responsibility allocation and undertaking the lack of systemic regulations for the obligation of violations of violations。Draft Development and Design of Algorithm、Platform builders、Analysis of the main body of the application party has made a regulation that must bear the corresponding responsibilities，But did not fully clarify the provisions of the bill，After the algorithm disability causes civil infringement，Responsibility allocation between the subjects above。

Last，The right to relieve the right to public interest is a "double -edged sword"，It may also affect people's use of other means to seek rights relief。According to the provisions of the draft，If the infringed consumers "send a written request to the adjustment subject to the adjustment of the monetary payment form"，will be considered illegal、malicious，This limits to a certain extent to a certain extent the right to compensate for the instant compensation of the infringer。

(This article is the research on the infringement bet365 best casino games liability of online platforms in the background of the new technical background of the Fujian Provincial Social Science Planning Provincial Law Society "(FJ2020TWFX004) phased results)

(Author Unit: School of Law, Fujian Normal University)