On The Legal Regulation Of Algorithmic Power

With the rapid development of big data,cloud computing,machine learning and other technologies,algorithms have been widely used in daily life and promote the economic operation of today's society.Many hidden dangers such as "algorithm black box" and "algorithm discrimination" have exposed algorithms We are trying to get rid of the role of neutral tools,which implies that our "algorithm era" has come.Algorithm is an ancient technology,which has its own unique value and characteristics as a method to solve a certain type of problem.Algorithm controllers or algorithm designers use governance as the goal to use their own technical advantages to regulate the behavior of algorithms relative to people during the application of algorithms,thereby spawning a new type of technical power,namely,algorithm power.Its generating mechanism is: the algorithm's data processing advantages make the algorithm relatively surrender its own decision-making power to create the premise of generating algorithm power;the personalized recommendation of thousands of people makes the algorithm universally applied and thus provides the generation of algorithm power Opportunity,the advantage of algorithmic architecture allows the main body of algorithmic power to easily embed its own intention into the algorithm to meet the generation conditions of the algorithmic power.The black box of the algorithm acts as a "shield" for the behavior of the main body of the algorithmic power.The main body uses the algorithm to directly or indirectly regulate the behavior of the algorithm relative to people,so that the power of the algorithm can be finally formed.At present,the lack of legal system for algorithmic accountability in China,the extreme expansion of algorithmic power,the weakening of the relative will of algorithmic relatives,the loss of balance between the interests of algorithmic power subjects and the relatives of algorithms,etc.make the regulation of algorithmic power necessary..In addition,the basic legal values of freedom,equality,and fairness make the regulation of algorithmic power legitimate.In order to effectively protect the rights and interests of the algorithm relative to people and guide the algorithm industry to develop in a benign direction,through the EU "General Data Protection Regulation" in the data protection as the center of the algorithm power regulation model and the United States "2019 Algorithm Accountability Law"(draft)In the analysis of the algorithmic power regulation model centered on algorithmic accountability,China urgently needs to set up a professional algorithmic review agency and complete the algorithmic administrative review in three stages of pre-recording,in-process control,and post-correction to achieve limited publicity of the algorithm,and integrate and improve Algorithmic responsibility system,establishment of third-party independent institutions,development of industry self-discipline,and establishment of algorithmic interpretation rights.A number ofregulatory measures are expected to build a comprehensive and effective diversified algorithmic power legal regulatory system.