On Legislative Issues Of Algorithmic Discrimination In Supervisory Technology

The algorithm is an operating step for setting specific calculation rules to improve processing efficiency to solve specific problems for specific purposes.With the rapid updating of innovative technologies such as big data and cloud computing,the algorithm as its core technology has developed rapidly,especially in the role of regulatory technology.The algorithmic discrimination of supervisory technology is the discrimination caused by the problem of the algorithm itself and the process of data processing when the supervisory subjects use algorithm-based technological innovation technology to drive supervisory innovation and improve supervisory efficiency.It is based on the exclusiveness of the algorithm monopoly and the supremacy of interests.The problem of algorithmic discrimination is also due to the opacity of algorithmic black-box and the privacy of algorithmic black-box.Therefore,the root of algorithmic discrimination of supervisory technology lies in algorithmic monopoly and algorithmic black box.Algorithmic monopoly is a phenomenon in which providers of algorithmic service or designers of algorithm pursue interests through new methods of algorithms and damage the interests of users of algorithmic service.Aiming at the algorithmic discrimination of supervisory technology caused by algorithmic monopoly,this paper proposes to strengthen legal regulation by constructing a dual protection model of legal regulation and code regulation,perfecting the platform legal liability system and introducing antitrust legal system into algorithmic regulation.The algorithmic black box refers to an algorithm system that cannot be understood and cannot be opened,nor can it directly observe its internal operating state from an external perspective.In view of the algorithmic discrimination of supervisory technology caused by the algorithmic black box,this paper proposes that from the aspects of identification mechanism,algorithmic transparency and algorithmic supervision mechanism,it is functional ways to strengthen legal regulation by establishing a recognition mechanism of the algorithmic discrimination of regulatory technology,setting up an disclosure system of algorithmic information and establishing a third-party supervision mechanism.