The focus of "concentric circles on and off the Internet" lies in the governance of algorithms.
The Internet has natural mass communication attributes, some of which involve the public’s right to know, public interest and national security issues, and must be managed in accordance with the law. Data map. Figure/unsplash
text | Zhu Wei
Recently, the State Cyberspace Administration of China issued the "Internet Information Service Algorithm Recommendation Management Regulations (Opinion Draft)" (referred to as the new regulations) to openly solicit opinions from the public.
is different from previous related legislation focusing on special industries, subjects, behaviors or responsibilities. The new regulations mainly focus on algorithm technology, and the focus is on defining the scope of responsibility of algorithm subjects.
Therefore, this new law is not only an important guide for the process of the rule of law in algorithm technology, but also an interpretation of algorithm determination in accordance with " personal information protection law", " e-commerce law" and other laws With guide.
Consolidating the platform to fulfill the main responsibility is the only way to the rule of law on the Internet. Data map. Figure/pexels
big data era
is actually "algorithm is king, data is second"
At present, many views believe that the era of big data is "data is king", but this understanding is biased .
If you compare data to oil in the Internet age, then the algorithm is the channel through which crude oil is refined, and it is the technology that ultimately uses refined oil in industrial products such as automobiles. The new algorithm rules are to ensure the safety of the refueling process, to ensure that these flammable and explosive oil products are not used by bad actors as tools for arson, to ensure that each gas station should give priority to safety, and to ensure that consumers obtain oil prices, opportunities and channels Fairness.
From this perspective,In the era of big data, "algorithms are king, data is second."
The new algorithm regulation clarifies the main responsibility of algorithm security for the first time. It specifically stipulates that the platform should "formulate and disclose the algorithm recommendation related service rules". This is also the first time in the world to clarify the platform's disclosure system of algorithm rules.
In terms of nature, algorithms belong to intellectual property rights and trade secrets, but in terms of operating rules and performance methods, algorithms are essentially network services and behavioral rules. In particular, the Internet has natural mass communication attributes, some of which involve the public’s right to know, public interest, and national security issues.
For this reason, the new regulations stipulate that algorithms with public opinion attributes and social mobilization capabilities shall be subject to safety assessment and filing in accordance with the law.
According to the " Cyber Security Law" and the requirements of the "Internet Information Service Security Evaluation Regulations with Public Opinion Attributes and Social Mobilization Capabilities" jointly issued by the State Cyberspace Administration of China and the Ministry of Public Security in 2018, the scope of the algorithm included in the evaluation may include Multi-category products and services such as forums, microblogs, short videos, live broadcasts, and official accounts.
"Algorithm is king" cannot be abused, business ethics and legal bottom lines must be strictly observed. Data map. Figure/pexels
"unveiled" the technical veil
's new rules for embedded supervision of algorithms
The difficulty in algorithm governance lies in how to balance the relationship between automation and manual intervention. To this end, the new regulations clarify different aspects of algorithmic intervention.
First of all, users have the right to turn off the algorithm recommendation mode, and the platform should provide users with channels to select, delete or modify user tags. After the new regulations come out, it will greatly enhance users' right to independently choose Internet content, and will also reduce the platform's vested interests in precision advertising and precision marketing for users to a certain extent.
For algorithm recommendation pages, the new regulations also strengthen ecological management. For example, mainstream value-oriented content should be "actively presented" in areas such as hot searches, rankings, pop-ups, and homepages. In the future, the hot list was dominated by pan-entertainment such as "fan circle",It is expected to be effectively contained.
Moreover, the new regulations provide greater algorithmic protection for minors. The special protection of children is embodied in the aspects of anti-internet addiction, prohibition of inducing dangerous behaviors of children, and prohibition of spreading behaviors that violate social ethics and bad habits. These new regulations on algorithmic intervention are all requirements to consolidate the platform to fulfill the main responsibility, and are the only way to the rule of law on the Internet.
From the perspective of business interests, "algorithm is king" cannot be abused, and business ethics and legal bottom lines must be strictly observed. The new regulations once again clarify that "big data killing" is an illegal act, which is consistent with the provisions of the upcoming "Personal Information Protection Law". Both emphasize data and algorithms and cannot be used as tools for bad platforms to "cut leek". It is not a tool for price discrimination using the user’s own data.
In the Internet market competition, there are algorithms behind such behaviors as "choosing one of two", "self-preferential treatment", "traffic fraud", and "traffic hijacking". Algorithms are like a double-edged sword. While promoting the development of network technology, there is also the risk of abuse. Especially for a long time, algorithms have been recognized as technology and trade secrets, hidden behind improper behavior.
And the new regulations are to "reveal" the veil of technology, achieve full-scale embedded supervision, maximize the benefits of Internet technology, and reduce technical dross.
Under the rule of law, if the platform wants to retain users and gain more traffic, it lies in encouraging innovation, creating and disseminating works with positive social value. Data map. Figure/pexels
algorithm also has values
cannot be free from the reality of the rule of law
According to user network behavior data analysis, corresponding to the "data portrait" "points of interest" and other modes presented, it is the platform to collect users An important aspect of data mining business value.
According to these big data display "tags", the platform can not only push commercial information through precision marketing, but also push related content according to user preferences, and it can also trigger, guide and transfer social public opinion through data analysis.
From this perspective, data analysis points of interest and other models belong to the core business value range of the platform. However, the new regulations clarify that platforms must not use illegal and unhealthy information as keywords in user tags, let alone push relevant information to them.
For this reason, if the platform wants to retain users and gain more traffic, it must not only rely on the satisfaction of the vulgar needs of individual users, but also encourage innovation, creation and dissemination of works with positive social value.
From a practical point of view, a lot of vulgar, vulgar and kitsch short videos, official accounts and other information are the easiest to form "popular". The core reason why it is difficult to cure is not only the content production itself, but also the fueling of the algorithm. What kind of algorithm there is, what kind of content, what kind of user, what kind of algorithm will appear.
This logical relationship between the algorithm, the crowd and the content will be completely broken from the algorithm itself. Vulgar cannot be the label of hot models, black and red should not be red, let alone red, and the values and methodology of algorithms cannot be separated from the actual rule of law.
To go further, the Internet produces value and also outputs values. Values originate from network content, and content depends on dissemination. Algorithms not only determine dissemination, but also affect content production.
Therefore, the focus of "concentric circles online and offline" lies in the governance of algorithms. Only when good works are widely circulated and bad information is left unattended can we "better consolidate social consensus." Prevent the deviation of Internet values.
Contributor | Zhu Wei (Communication Law Research Center, China University of Political Science and Law)
editor | He Rui
proofreading | Wu Xingfa
.-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-