Discuss The Value Basis Of Algorithmic Discrimination And Its Legal Regulation

The vigorous development of algorithms,big data and artificial intelligence indicate that the development of the Internet has entered a new era,but the technology has also brought new social problems that impact the legal systems.Algorithmic discrimination may infringe the rights and interests of specific and unspecified civil and commercial subjects,and its formation mainly comes from the following three paths: the first one is the deviation of the algorithm decision-making process under the guidance of efficiency;the second one is the deviation of the data under the background of discrimination and the third one is the unexpected learning results of algorithm in the black-box environment.However,the traditional discrimination in society is the final source of algorithmic discrimination.What it is more,algorithmic discrimination realizes the digitization and further secrecy of existing discrimination.The problem of conflict and balance of legal values is the core issue in the field of jurisprudence,and its significance is to provide guidance for the actual law,because it clarifies what the value of law should be pursued in the process of legal operation.That is the reason why people should analysis the value conflict faced by the legal regulation of algorithm discrimination and trying to determine the specific value orientation.The core value conflict in algorithmic discrimination is actually the value conflict between technological development and the side effects brought about by technological development in a macro perspective,which is embodied in the conflict between the values of justice and efficiency.How to reconcile this conflict is a matter of the questions that must answer when it comes to its legal regulation.From a microscopic perspective,the existing legal regulations for algorithmic discrimination can be refined into two core requirements: improving the transparency of algorithms and restricting the use of data by algorithms.However,these solutions also face specific conflict problems: the conflict between the protection of algorithm commercial secrets and the right to know how the algorithm works,and the conflict between the protection of personal information and data and the development of algorithm technology.Finally,the conflict between these rights and interests is still essentially the conflict between justice and efficiency,so the value conflict from the macro and micro perspectives has the same identity.How to balance the value of justice and efficiency has always been a controversial issue.Although it is meaningful to pursue the value of efficiency,however,from the perspective of system theory,the value of justice is the unique functional value of the legal system,which should be placed in the first place.Therefore,when people try to carry out value balance to provide guidance for specific legal regulation measures,the primacy of fair value cannot be shaken.The priority of justice and taking into account the efficiency are the optimal solutions to the above problems,but the specific balance between justice and efficiency is not static but in a dynamic evolution with the actual social situation,and the justice is always the priority of the value hierarchy.In addition,when a certain value has to be infringed to preserve another value,the preserved value and the infringed value must be in equilibrium and in an appropriate proportion,that is to say,the specific value weighing process should be consistent with the principle of proportionality to achieve the best balance between the two.