Research On Legal Regulation Of Code In Cyberspace

With the development of Internet technology,the cyberspace created by information technology has become the fifth space for human survival.The code is like the law of cyberspace,rooted in hardware and software,shaping the architecture of cyberspace and regulating the behavior of cyberspace.The rule-making power of cyberspace is transferred from the legislator to the code designer,and with the gradual commercialization of code writing,the major network platforms have undoubtedly become the actual controllers of code technology,from the download and browsing of software by network users,to Users as consumers' online shopping preferences are all under the control of the code.The network platform integrates autonomy and regulatory power by controlling the code,and gradually forms a "super power" that exceeds government control.Although the government has strengthened the governance of the network in recent years,the scope of governance mainly focuses on the content governance of the cyberspace,and ignores the technical risks brought by the code as a control structure.As Nicholas Negroponte said,"Every gift of technology or science has its dark side." The development of code technology not only threatens the freedom of speech and privacy of Internet users,but also leads to a variety of traditional interest balances have been broken.With the outbreak of The DAO incident on June 17,2016,the violation of the rights of network users by the code in the process of regulating the behavior of cyberspace has also been extended from the privacy rights that scholars paid attention to to Property rights,we have to face the relationship between the code as the "law of cyberspace" and the law in reality.Cyberspace is inseparable from the effective regulation of code technology.Similarly,code cannot be separated from the guidance and regulation of the law,in other words,legal governance and technical governance should coexist in the process of cyberspace governance.The author takes the technical risk of code as a control architecture in the process of standardizing the behavior of cyberspace as the perspective.Firstly,the author analyzes the technical risks brought by the code as an information power by introducing cases;secondly,it analyzes the formation mechanism of the code risk and the necessity and legitimacy of the legal regulation of the code;again,it sorts out the different modes of technological governance in today's world,and discusses the mode selection of China's regulation of code.Finally,the author discusses two different ways to regulate code from the two levels of network platform and code technology itself.