The Challenge Of Algorithmic Governmentality To The Principle Of Due Process And Regulation Research

"Behind the AI is the monitoring and controlling",writes the author,researcher Jathan Sadowski at Monash University in Australia.Without effective regulation,in the era of big data,AI may infringe on people’s rights and interests as each person is a string of numbers in front of it.Recent years have witnessed the rapid development of modern internet technology integrated deeply into people’s daily fields such as work,education,medical care,entertainment,and consumption.In particular,AI,one of the modern internet technology which is using widely in the daily administration of the government,exerts a powerful influence on the transition of "law administration" to "algorithmic govenmentality",and the same goes for traditional principles of administrative law.In existing practice,AI has been widely used in administrative governance.The public security department uses intelligent algorithms to "predict crime";the tax department uses big data to monitor whether merchants have cheating on taxes;and during the COVID-19,"Health Code" based on big data and generated by algorithms has become an important tool for epidemic prevention and control.Furthermore,living in a time of rapid advance of information technology,the role of AI in government administration has gradually shifted from assisting decision-making to doing substantive resource allocation.And due to the characteristics of AI,such as automaticity,rapidity,stability,the huge advantages in improving the efficiency and accuracy of administrative governance and the fairness of administrative decision-making is happening.Although there is a growing trend in society towards the usage and development of AI,we must be cautious about idealizing it.On the contrary,we should profoundly realize that AI is not only changing the traditional administrative model but also bringing the risks and challenges to the principle of administrative due process.The opacity of algorithm caused by the "black-box effects makes it difficult to practice publicizing administration;the automaticity of algorithm deprives the administrative counterparts of the rights to present and defend;the inexplicability of algorithm makes it impossible for the administration to explain;the neutrality of algorithm makes the discrimination more concealed.Undoubtedly,the application of AI in administrative governance breaks the restriction of due process principle to administrative organs,which breaks the balance of "power-rights" structure and threatens the civil rights.Regarding to public power and citizens rights,what really matters is due process principle,an legal requirement containing the concept of contemporary rule of law.Consequently,updating the restraint mechanism of public power in the context of intelligent administrative governance is crucial to fully and easily use brought by AI,to which the classical principle of due process in the era of AI will be given better play.From this,the procedural regulation of algorithmic governmentality should be considered in combination with its own characteristic,specifically including the innovation of algorithm transparency principle under administrative openness,the improvement of algorithm interpretation mechanism under reasons-giving,the establishment of public supervision system under public participation.