Law on the Algorithm Industry Promotion and Governance(Proposed Draft)
Algorithm is the core technology of artificial intelligence,and along with computing power and data,they are known as the"troika"of the intelligent era or digital economy.While algorithms promote economic and social develop-ment,they also generate new social problems such as algorithmic black boxes,algorithmic discrimination,big data-ena-bled price discrimination against existing customers,algorithmic collusion monopolies,algorithmic enslavement,and in-formation cocoons.The legislative provisions on algorithms in China are scattered in legislation such as the Electronic Commerce Law,Personal Information Protection Law,Anti-Monopoly Law,lacking systematicity and coordination and failing to provide for many issues.China should formulate specialized legislation on the promotion and security supervision of the algorithm industry,which mainly includes general provisions,algorithm industry promotion,algorithm security su-pervision,rights and obligations of algorithm enterprises,algorithm remedies,legal responsibilities,and supplementary provisions.This legislative proposal draft takes the balance and coordination between algorithm security and development as the basic concept.The draft focuses on the ecological construction and system governance of the algorithm industry,es-tablishes an integrated regulatory system that combines pre-supervision,in-process supervision,and post-supervision of algorithm security,and establishes a classification and hierarchical management system for algorithms based on factors such as application scenarios,security risks,and social impact of algorithms.It establishes a regulatory sandbox,algo-rithm security detection and evaluation and certification,algorithm audit algorithm fairness verification,algorithm tracea-bility,algorithm termination,algorithm accountability,algorithm relief,algorithm compliance and other security guarantee mechanisms,real-time analysis of security risks in algorithm technology and applications,and dynamic imple-mentation of warning and disposal measures.For specific problems such as algorithm black boxes,solutions such as trus-ted interpretation are adopted to ensure the scientific,reasonable,and reliable decision-making of algorithms.While reg-ulating algorithm research and application activities,the legislation should introduce innovative measures such as indus-trial policy support,fault tolerance exemption,and technical limitation exemption to promote the deep integration and ap-plication of algorithms in the economic and social fields,protect the legitimate rights and interests of citizens,legal per-sons,and unincorporated organizations,safeguard national security and social public interests,and explore the promotion of scientific legislation to maintain algorithm fairness and justice.
algorithm ethicsalgorithm black boxalgorithm discriminationalgorithm accountabilityalgorithmic relief
万方数据
维普
