Research On Laws And Regulations Of Big Data "Killing Familiar" Driven By Algorithm

In the context of the ever-increasing popularity of computer technology and the continuous expansion of commercial use of fifth-generation mobile communications(5G),a digital economy driven by big data and intelligent algorithms as the underlying technology is booming around the world.Algorithm technology has become the "driving force" for platform operators to process massive user data,draw user portraits,and accurately price.The legal and effective use of big data algorithms can improve the efficiency of market operations and promote the digital transformation of enterprises.However,while algorithm technology has become a new economic engine,it will also cause legal risks such as algorithm discrimination.Some platform operators abuse algorithm technology,relying on information and technical advantages to form implicit control and control rights,thereby implementing big data "killing" consumers,that is,on the basis of mastering consumer personal information and related data,Predict and evaluate consumers’ buying behavior and maximum willingness to pay,and accordingly implement unreasonable differential pricing of "thousands of people pay thousands of prices" for consumers,so as to achieve the goal of maximizing consumer surplus.The phenomenon of big data "killing acquaintances" not only reflects the differential treatment of consumers in terms of price by platform operators,but also reflects the current situation of unreasonable collection and use of consumer personal information at a deeper level.Regarding the definition of the legal nature of big data,the mainstream views in the academic circles include the theory of price discrimination and the theory of price fraud.Due to the legitimacy and rationality of price discrimination in economics,and some scholars have an objective and neutral attitude towards algorithm technology,scholars have been arguing about whether the big data “killing acquaintances” should be banned.Big data "killing acquaintances" is essentially a behavior that uses pricing algorithms to infringe consumer rights and interests with comprehensive and technical characteristics.It is difficult to determine the legal nature of big data "killing acquaintances" from the perspective of a single sector law.In addition,due to the concealment of algorithm technology and the complex characteristics of the platform economy,it is difficult for consumers to provide evidence and protect their rights.The legal responsibilities of platform operators are not clearly defined,and even no consumers have succeeded in prosecuting big data "killing acquaintances" cases.Therefore,it can be seen from this that the legal nature of big data is vaguely defined in the legal theories at this stage.In legal practice,there are also unclear criteria for judging illegal elements,imperfect legal liability regulations,and the existence of remedies and regulatory measures.For issues such as lag,the use of the existing legal system cannot resolve the legal risks caused by algorithms.In view of this,this article expounds the nature and principle of big data "killing acquaintances",analyzes the limits of illegality and the dilemma of legal regulation.Compared with traditional pricing,personalized pricing using algorithms has diverse application scenarios,and the resulting economic effects are complex.The illegal elements of big data "killing familiarity" need to be analyzed in depth in combination with market dominance and economic effects,and laid out in a single The existing research conclusions on the scenes are not reasonable for promotion in all scenes.On the basis of clarifying the illegal boundaries of personalized pricing algorithms,a comparative analysis of the measures adopted by developed countries to regulate algorithmic powers,extracting algorithmic power governance experience in line with my country’s national conditions,adjusting the regulatory concepts of traditional legal systems,and examining the three aspects of legislation,administration,and justice On the one hand,it puts forward legal and regulatory recommendations that are in line with my country’s national conditions,with a view to building a basic legal system framework for my country to regulate big data.