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Algorithmic Price Discrimination Infringement Attribution Principle Research

Posted on:2022-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:M SunFull Text:PDF
GTID:2506306479452274Subject:Tort Law and Internet Jurisprudence
Abstract/Summary:PDF Full Text Request
Algorithms,as the frontier of technology development,have become a blue ocean area in which countries and Internet companies are competing.However,while algorithmic technology is developing at a high speed,new types of infringements brought about by algorithms also bring new opportunities and challenges to the development of law,especially the phenomenon of big data ripeness killing,which has periodically become a social hot topic since its exposure in 2017.It is usually considered that big data ripeness killing refers to the fact that under the same transaction conditions,old users will spend more than new users to buy the same goods or services,which is a typical form of algorithmic price discrimination in practice.But for the algorithmic price discrimination,consumers can only indirectly remedy through the network exposure or to the consumer association response measures,the lack of direct legal remedy for effective ways.The construction of an ex post remedy for algorithmic price discrimination under the theoretical framework of tort law is an important part of the algorithmic governance mechanism,but the current construction of this system has the following three problems: first,there is a theoretical controversy about the attributes of algorithmic price discrimination;second,there is a defect in the application of the principle of fault liability in cases of algorithmic price discrimination;third,the criteria for determining fault in cases of algorithmic price discrimination are unclear.To address these issues,the following research was conducted in this paper.1.The definition of algorithmic price discrimination under the theoretical framework of tort law is summarized by combining the causes and manifestations of algorithmic price discrimination;the definition and characteristics of algorithmic discrimination in the field of economics are analyzed to clarify the tort attributes of algorithmic price discrimination under the field of law.2.On the one hand,we analyze the current situation of the application of the principle of fault liability in cases of algorithmic price discrimination,starting from the difficulties of consumers as a vulnerable group to prove in litigation,and combining the theory of information asymmetry and the actual situation of form terms to prove the defects of the application of the principle of fault liability;on the other hand,on this basis,we analyze whether the principle of presumption of fault liability and the principle of no-fault liability can be applied respectively,and finally conclude that the principle of presumption of fault liability should be applied in cases of algorithmic price discrimination.3.On the basis of applying the principle of presumption of fault liability,it is necessary to clarify the criteria for determining fault in order to apply it in practice.Therefore,this paper clarifies two general criteria for determining the operator's obligation to inform and the operator's obligation to explain the algorithm,and specifies the content of the duty of reasonable care that the operator should bear under different types according to the different causes of algorithmic price discrimination,and preliminarily constructs the criteria for determining fault with certain feasibility.
Keywords/Search Tags:Big Data Killing, Algorithmic Price Discrimination, Infringement, Attribution Principle, Presumption of fault
PDF Full Text Request
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