The Technicalization of Power in Digital Age and Its Legal Risk Responses
The technicalization of power in the digital age refers to a social phenomenon in which digital technology is embedded in the mechanism of operation of power,and the deep coupling of the technical logic and the power logic is realized,along with pro-moting a more comprehensive technicalization of the distribution and operation of power,making the power to be"behind the scenes"and its discipline ability unprecedentedly to be enhanced.The external characteristics of the technicalization of power in the digital age are highly technical,extremely concealed and deeply intrusive.The internal logic of technicalization of power shows the social logic of human digital existence,the logic of diffuse distribution of the power,the technical logic of its opera-tion in black box and the logic of discipline by code control.The elimination of basic rights of citizens by digital control,the ir-rationality of power subjects concealed by technological rationality,the alienation of discretion by digital technology,and the in-ability of supervision and risk of responsibility exclusion,reveal the necessity of regulating the technicalization of power.To this end,it is necessary to make legal responses to the reasonable operation of technicalization of power by clarifying the system of digital rights which regards the same importance as both public and private interests,and build a mechanism of inspection for legitimacy,which is focusing on the controllability of digital technology and the degree of public participation.