Tort Remedies And Prior Regulation Of Algorithmic Infringement

With the wide application of Internet,the application of algorithm has swept all fields of society.In the information age,the structure of information dissemination has been reconstructed,the upper limit of information volume has been broken,the real-time transmission of information has been realized,and the way of information interaction has been enriched.The data-driven force of algorithm can collect and analyze a large amount of data across space and time,so that the algorithm can play its real role Potential.However,with the development of algorithm technology,a series of problems caused by the application of algorithm begin to highlight.The traditional way of tort relief has been unable to deal with the increasingly complex violations of algorithm.This paper first expounds the phenomenon of damage to rights and interests caused by the application of algorithm,analyzes the feasibility and limitations of applying general tort liability and special tort liability in the current tort law of our country.Secondly,it combs the principles and dilemmas of the responsibility of the Internet platform in different stages of the algorithm technology.Finally,it puts forward the specific system of beforehand regulation of the algorithm technology Design suggestions.In the first chapter,the algorithm,algorithm infringement and algorithm infringement are discussed respectively.This paper introduces the types of algorithms and the meanings of the algorithms.In the application of the algorithms,the infringement on the rights and interests of consumers,the infringement on the basic rights of citizens,and the infringement on the rights and interests of personal information,all of which cause damage to the rights and interests,making the algorithms more urgent need to be regulated by law.Therefore,it is necessary to refer to the usefulness of tort law to remedy and prevent algorithmic violations.In the second chapter,it analyzes the feasibility and limitations of applying algorithm infringement to general tort liability and special tort liability.In the composition of general tort liability,algorithmic tort liability has generality and particularity in infringement behavior,infringe,damage fact and causality;in thecontext of discussion of special tort liability,both defective product tort liability and joint dangerous tort liability can not be perfectly applied to algorithmic tort.In the third chapter,from the perspective of the relationship between algorithm technology and Internet,it analyzes the rationality of fault liability,strict liability and liability exemption when algorithm technology is used as the tool stage of Internet platform;when algorithm technology is autonomous,the expansion of algorithm application field brings opacity and singleness together with algorithm automation decision-making The liability of Internet platform can't cover the infringement of autonomic algorithm.The fourth chapter of the paper,based on the prior regulation of algorithmic technology,puts forward specific suggestions on the design of specific legal system.First,it negates the absolute principle of technology neutrality in discussing the legislative value basis of algorithmic technology regulation.Secondly,the technical level of algorithm is regulated by law.In the algorithm development stage,we should design and build an ethical framework for the algorithm model in line with the social interests;in the algorithm application stage,the algorithm developer or algorithm applicator should undertake the obligation of information disclosure,increase the transparency of the algorithm automatic decision-making process,and organically combine the transparency of information and technology.Thirdly,the algorithm with the ability to make automatic decision can have the personality in the sense of law,so as to achieve the purpose of risk dispersion.Fourth,the establishment of the protection of personal information rights,the protection of personal information rights,personal information property protection theory is more suitable for the development of algorithm technology,the circulation of property rights and the competitiveness of personal information reduce the gap between the platform and the user status,making the platform have to start to face the private attributes of personal information for the sake of commercial interests.Fifthly,in order to improve the neutrality and accuracy of algorithm decision-making,a certain mechanism should be adopted to control the use of discriminatory data and control the occurrence of discriminatory results at the level ofalgorithm input data.Sixth,the new rights of algorithm decision-making stakeholders are allocated,the relief way of "algorithm rights" is expanded,and the new rights of algorithm decision-making stakeholders are given.According to the different time nodes,it can be divided into the right to know in advance,the right to explain afterwards,the right to amend and the right to refuse.First,before the algorithm makes a decision,the object of the right to know of the stakeholders in the algorithm decision is the operation mechanism and functional purpose of the algorithm model;after the algorithm makes a decision,the stakeholders in the algorithm decision can ask the algorithm controller or the owner to provide an explanation for the reason,reason and relevant personal information data on which the decision is based,and the stakeholders in the algorithm decision can understand the reason After that,you can choose to ask the algorithm controller to modify the algorithm model,provide appropriate data to delete improper data for remedy,or choose to exit the algorithm.