Research On The Legal Regulation Of Intelligent Communication Legislation

With the blowout development of artificial intelligence,countries all over the world pay great attention to this technology,strive to raise artificial intelligence to national development strategy,strengthen system design,and seize the commanding height of development strategy.In recent years,intelligent technology has been widely used in the media industry.On the one hand,the media is becoming more and more intelligent,providing adaptive services for the public.On the other hand,various intelligent communication platforms have become important incubators of cultural industry,which play an important role in strengthening ideological and cultural construction,enhancing the ability of public opinion guidance and improving the ruling ability of our party.However,the rapid development of intelligent communication also leads to many risks,which impact on the existing legal framework,legal principles and legal order.It is of great significance to construct the legal system of intelligent communication.The purpose of this study is to strengthen the legal regulation of intelligent communication and build a reasonable legal framework.The basic idea is: starting from the legal risks and challenges caused by intelligent communication,analyzing the causes of the problems from both theoretical and practical levels,referring to the legislation and top-level design of artificial intelligence technology in the United States and the European Union,proposing solutions for the development of China's intelligent communication,protecting human basic rights,providing convenient services for it,and promoting the better development of the intelligent communication industry.This paper consists of seven parts: introduction,legal dilemma faced by intelligent communication,necessity of legal regulation of intelligent communication,copyright protection,privacy protection,property protection and path selection of legal regulation of intelligent communication.The first part is "Introduction".This paper mainly discusses the research topic and research scope,research background and significance,domestic and foreign research review,research terminology and research basis,main content and research methods and innovation.The second part is "the legal dilemma of intelligent communication".By combing the relevant typical cases in recent years,it is found that intellectual content production leads to copyright protection problems,intellectual content distribution leads to privacy protection problems,and intellectual content consumption leads to property protection problems.This paper discusses the impact of intelligent communication on the elements of civil legal relations: the subject dispute of civil legal relations,the object expansion of civil legal relations,and the content evolution of civil legal relations.The third part is "the necessity of legal regulation of intelligent communication".Intelligent communication needs legal regulation,based on the following reasons.Firstly,the boundary of traditional binary space is fuzzy: cyberspace breaks the boundary between public space and private space,real space and virtual space.The second is the "alienation" of the intelligent machine as an intermediary: the intelligent machine changes the "person person" unitary communication mode,and the intelligent machine challenges the legal subject status.Third,technological innovation dispels the applicability of law: artificial intelligence technology dispels the traditional laws and regulations,and the innovation of artificial intelligence technology is ahead of artificial intelligence legislation.The fourth part is “intellectual communication copyright protection”.From the perspective of the legal personality of intelligent robots,whether the intelligent products are “works”and the ownership of the rights of intelligent “works”,this paper analyzes the relevant elements of intellectual communication Copyright: the subject changes from natural person and regarded as the author to intelligent robot,the object changes from works to intelligent products,and the ownership of rights is transferred from the author to the market.It is found that intelligent communication impacts the traditional copyright protection mode: intelligent technology separates the corresponding relationship between legal subject and work,endows intelligent products with “work” attribute,and replaces linear single creation relationship with multi-agent cooperation.This paper proposes a new protection path for intellectual communication Copyright: first,the subject dimension balances the natural person as the author and the intelligent robot;the second is the object dimension,which endows the intelligent product with the right of signature;the third is the right dimension,which sets up the protection system of spirit and property.The fifth part is "privacy protection of intelligent communication".Starting from the two controversial focuses of privacy and convenience,privacy,data and information,this paper combs the evolution of the elements of the right of privacy in Intelligent Communication: the subject changes from rational natural person to constructed self,the object expands from privacy to information,and the infringement mode changes from artificial to intelligent technology.This paper analyzes the impact of intelligent communication on privacy protection principles: further discussion on Fuzziness and privacy protection in public and private fields,impact of intelligent communication technology on security protection principles,and separation of "obvious unfairness" clause from clear purpose principle and limited use principle.This paper summarizes the protection path of the right to privacy of intelligent communication: first,the legal dimension,to establish a unified way of protection;second,the information industry dimension,to guide the information institutions to formulate self-discipline agreements;third,the social governance dimension,to adopt the combination of system design and market regulation.The sixth part is “intellectual communication property rights protection”.This paper discusses the property right elements of intelligent communication from two aspects: whether personal information is commercialized or not and the property right of personal information.It discusses the elements of property right of intelligent communication: individual is the only subject of property right of intelligent communication,personal information becomes a new form of virtual property,and the right of self-determination of personal information is the core right of intelligent communication property.It is found that intelligence communication has already impacted the original framework of personality right protection: the separation of personal information and subject impacts the exclusive right of civil subject,personality interest is no longer the only civil right enjoyed by individual,and the cost and benefit of personal information personality right protection are asymmetric.There is an urgent need to design a protection path for intellectual communication property rights: first,construct the protection system of personal information property rights from the logical dimension;second,establish the property rights formation and initial distribution theory based on the information property rights in the content dimension;third,establish the primary and secondary information market and the principle of benefit balance.The seventh part is "the path choice of legal regulation of intelligent communication".It is proposed to strengthen the legal regulation of intelligent communication from three aspects: first,adhere to the principle of personal dignity,adjust the conflict between personal rights and public power based on the protection of personal dignity;third,adjust the contradiction between individual rights and public interests on the premise of not damaging personal dignity.The second is to build a dual track mechanism of legal protection,which balances the rule of law rationality and market rationality from the strategic height of protecting the development of intelligent technology;the conflict between the protection of individual rights and the development of intelligent communication industry is balanced from the perspective of technology iteration;the dual rights protection of personality right and property right is balanced from the perspective of protecting individual rights.The third is to realize the right of self-determination of personal information,protect the right of self-determination of personal information to the greatest extent,balance the contradiction between the right of self-determination of personal information and the development of technology,and endow the subject with multiple rights protection according to different situations.In short,strengthening the legal regulation of intelligent communication plays an important role.The construction of intelligent communication laws and regulations is an indispensable part of improving the national legal system and realizing the comprehensive rule of law.Strengthening the construction of intelligent communication platform provides important guarantee for personal information security and public opinion guidance,and the improvement of laws and regulations will further accelerate the development of intelligent communication industry.