Analysis Of Tort Liability Of Search Engine Autocomplete Algorithm

The search engines represented by Google and baidu provide users with convenient network search services.When users enter a search request in the search bar of the search engine,the search engine can automatically associate,make up the keywords,and provide users with search Suggestions.This is called the automatic complement algorithm of the search engine.Although its original intention is to save users’ time cost and improve the efficiency of information retrieval,the search Suggestions provided by the automatic complementing algorithm may infringe others’ rights of reputation,privacy,copyright and trademark,causing damage to the algorithm.However,as network service providers such as baidu,Google and other search engines,there is still a dispute over whether they should bear the tort liability for the damage caused by the automatic complement algorithm on the platform.Courts in various countries have made different judgments,leading to the dilemma of the identification of tort liability.Under the framework of tort liability,the determination of subjective fault of search engine is the core judgment standard of its tort liability.However,the vague provisions of the law on the fault standards of search engine infringement liability and the neutrality of algorithm technology make subjective faults difficult to be objective.And the judgment of subjective fault depends on whether it has fulfilled the duty of care stipulated by law.Due to the legal status dispute between "Internet content provider" and "Internet service provider" in search engines,the duty of care of search engines cannot be clearly defined due to the dispute over their status.Therefore,the first task is to make clear the legal status of search engines in order to make up for the damage caused by search engines.Because the search engine automatically complements the guidance and technical attributes of the information content during the operation of the algorithm,the search engine has two identity characteristics of "Internet service provider" and "Internet content provider" in the process and dissemination of information,and its legal status should be "algorithm-based content publisher".As the starting point of regulation,the scope of duty of care should be innovated,and the duty of care conforming to its technical control should be imposed to determine whether it has subjective fault,so as to realize the determination of tort liability.