Challenges Of Algorithmic Technology To The System Of Safe Harbor Rules And Its Response

Against the background of the explosive growth in the number of UGC works,copyright owners can no longer rely on human resources to complete the work of finding infringing works and issuing notifications,and the heavy burden of rights protection has prompted them to introduce algorithmic notification technology to improve the efficiency of copyright protection.Faced with the huge amount of algorithmic notifications that need to be handled,ISPs have also chosen to improve the efficiency of information processing by means of algorithmic technology,and the traditional "notification/removal" procedure has started to transition to "algorithmic notification/algorithmic removal".At the same time,in order to avoid possible infringement disputes after receiving algorithmic notifications to a greater extent,more and more ISPs are choosing to "pressure forward" and take algorithmic filtering measures on their own initiative in order to stop possible infringing works in their infancy.These algorithmic enforcement actions are gradually replacing the traditional manual operation process,and the safe harbor rule system has to face the hidden danger of derailment between the pre-set system and the practical operation mode.On the one hand,algorithmic notification errors and abuses are common,and the corresponding regulatory measures are missing.Under the huge base of algorithmic notifications,the number of incorrect notifications caused by technical limitations,configuration errors,etc.cannot be underestimated,coupled with the frequent occurrence of subjective and malicious issuance and abuse of algorithmic notifications,the urgency of seeking a path to control the quality of algorithmic notifications is increasing.On the other hand,algorithmic filtering is impacting the pre-determined duty of care for ISPs under the safe harbor rule system.With the normalization of the ex ante filtering model in the industry,domestic judicial enforcement practice has shown a tendency to recognize the filtering obligations of ISPs.However,the safe harbor rule system does not require ISPs to assume the obligation of ex ante filtering,nor does it clearly regulate and guide the content filtering mechanism,and these judicial administrative tendencies can still only be active in the ambiguous zone of legal interpretation.In addition,in the process of algorithmic technology participation in network copyright governance,the relative dominant position of the party in control of algorithmic technology becomes more and more obvious,and the behavior of seeking the maximization of its own interests through its technical dominant position increases,and user rights such as fair use and freedom of expression are frequently ignored,and there is a risk that the balance of interests among copyright owners,network service providers and network users is tilted.In order to cope with the impact brought by the algorithmic transformation of the safe harbor rule system,it is necessary to regulate the algorithmic enforcement behavior.Firstly,it is necessary to clarify the regulation path of algorithmic notification,starting from two aspects of strict formal elements of algorithmic notification beforehand and implementing accountability afterwards,so as to prevent the occurrence of wrong,multiple and abusive issuance of algorithmic notification.Secondly,the guidance and regulation of the algorithmic filtering behavior of network service providers should be put on the agenda.Combined with the current situation of domestic Internet development,allow industry autonomy rules first,and then gradually transition to the legal level,and from the subject,network content and other perspectives to refine the algorithm filtering standards.Finally,it is necessary to further strengthen the protection of the legitimate rights and interests of network users,promote the gradual inclusion of algorithms into the reasonable use determination,establish a sound algorithm supervision mechanism,improve the relief path for network users in different scenarios such as algorithm notification error and algorithm filtering error,and ensure the balance of interests between all parties.