Legal Regulation Of Intelligent Recommendation Algorithm

With the rapid development of Internet technology,information has gradually broken through the limitations of geographic space,showing the characteristics of centralized processing on a global scale.The global data storage capacity reached 1.2ZB in 2013,and the global data storage capacity reached 41ZB in 2019.The total amount of China's data accounts for about 20%of the world's total.Data carries the main social information and becomes the entrance of modern society.The information distribution method based on recommended algorithm technology solves people's needs for information screening and personalized information reception.After only thirty years of development,the recommendation algorithm has penetrated into e-commerce,social networking,location-based services,reading,music videos,and other application fields.However,when it provides intelligent recommendation services,it may affect user rights and even social benefits.Cause infringement.However,the recommended algorithm itself has both inexplicable technical characteristics and scenario-based application characteristics,and it is difficult to regulate due to insufficient rights allocation and conflicts of interest between algorithm operators and the public.This article starts with the technical logic of the intelligent recommendation algorithm,analyzes the possible violations of natural persons,enterprises and social order,and focuses on the legal dilemma and specific approach of regulating recommendation algorithms.The main body of this article consists of five parts.The first part mainly introduces the structure,types and technical characteristics of intelligent recommendation algorithms.Information overload as one of the main contents of Internet governance and user fragmented information application scenarios provide soil for emerging information distribution technologies,and computer algorithm technology provides the necessary material conditions for the application of recommended algorithms.Since data carries the main information of today's society and becomes a social entrance,the recommendation algorithm not only affects the efficiency of information distribution,but also causes the situation of technological runaway from traditional tool technology to social technology.The second part analyzes the violation of intelligent recommendation algorithm.From improving the user's Internet experience,promoting the use of big data background by related industries,to promoting the development of social material civilization and spiritual civilization,to infringing upon the rights and interests of users' personal information,right to know,privacy,freedom of information choice,The violation of the healthy development of related industries and the hindrance of social order.As technology continues to change,on the one hand,it provides a broader living space for social production and social life;on the other hand,technology itself has entered a field where traditional governance rules cannot be applied.Therefore,the essence of legal regulation for the violation of the recommended algorithm is the corresponding legal innovation of the existing legal regulation system in accordance with the technical logic and application scenarios.The third part analyzes the impact of intelligent recommendation algorithm and personal rights protection,recommendation algorithm technology on social relations and legal order,and sorts out the necessity and feasibility of the basic legal principles in civil law for the regulation of rights conflicts between different rights subjects.Algorithm technology not only provides personalized information in the information distribution process,but also clarifies the digital divide between users,from tooling technology to organizational technology that directly participates in social differentiation.The current regulation of recommendation algorithms should balance the rights and interests between operators and users,maintain the order of competition among operators,and balance the impact of recommendation algorithm technology on social order.The fourth part mainly compares the legal systems of Europe,America and China with the regulatory recommendation algorithm.Germany,as the earliest country in the history of specifically enacting personal information rights,also affected the subsequent introduction of relevant EU laws.After gradually clarifying the connotation and protection scope of personal information rights,it also paid attention to the balance of data rights between different subjects Relationship,establish a system of responsibility determination for subjective intentional and negligent.The United States mainly regulates through general legal principles,and will abide by the provisions of the current Constitution on privacy as the key to the regulation algorithm to collect and use personal information.In addition,the United States is also conducting a hierarchical review of algorithm content in general judgments,emphasizing that the review of algorithm content itself should be strengthened in the process of algorithm regulation.China's legal system on the violation of recommendation algorithms is scattered in legal norms,departmental regulations and national standards.Among them,the "Regulations for Ecological Management of Network Information Contents" set out detailed requirements for the management of recommendation algorithms,and require algorithm operators to establish an algorithm recommendation mechanism that combines manual intervention and user self-selection.However,in view of the current regulatory status,there are still dilemmas for the protection of individual rights to be clarified,the difficulty in determining algorithm responsibilities,and the public nuisance and economic benefits caused by recommended algorithms.The fifth part is based on the scenario-based application and technical logic of the recommendation algorithm,combined with domestic and foreign experience on the recommendation algorithm regulation.The author puts forward the following opinions on the regulation recommendation algorithm.In terms of regulation algorithm infringement,legal innovation is carried out based on the technical logic of the recommended algorithm.The algorithm transparency principle advocated by current scholars not only cannot realize the true algorithm visualization,but the open source code may be used by criminals,and the general users do not have the professional algorithm knowledge to understand the true logic of the algorithm.Therefore,in terms of algorithmic responsibility determination,a special algorithmic review agency was established to make up for the shortcomings of the current tort liability system.In the legislative direction,guided by the legislative value of security and order,the regulatory algorithm violates the dangerous situation of civil rights and social interests "caused by technological output.In the development of the algorithm industry,in addition to carrying out legal education for algorithm practitioners,it should also strengthen the ethical responsibility of the algorithm industry to promote industry self-discipline,and encourage technical innovation through algorithm innovation to solve cold start and data sparseness.