Dynamic Logic,Mode Selection,and Reconstruction Path of Platform Govern-ance in the Perspective of Data Sovereignty
With the in-depth transformation of Internet technology and the increasing importance of data resources,the rapid development of network platforms has facilitated people's lives,but also caused a variety of political and economic risks and uncertainties.The platforms artificially construct an internal social ecology with the help of digital technology and algorithms.This ecosystem is to a certain extent independent of the legal norms constructed by the country in practice for centuries.Thus,platforms have gained data-dominated power in cyberspace,which profoundly impacts the government-led national governance order and data sovereignty.Therefore,platform governance must consider the national political,economic,and even cultural capabilities in cyberspace together with data sovereignty policies.This article finds that carrying out platform governance in light of data sovereignty is an institutional need to enhance national data competitiveness,consolidate national data sovereignty authority,guarantee national data sovereignty security and promote the healthy development of the digital market.Under these four institutional dimensions,a number of cases are cited to demonstrate,and further,from the data sovereignty perspective,summarize the platform governance's theoretical logic.From the perspective of practice,the existing platform governance models can be divided into three main categories,namely,the"top-down"external mandatory supervision model of the government,the"bottom-up"internal review autonomy model of the platform,and the"top-bottom linkage"collaborative governance model of government-civilian cooperation.After analyzing the subjects,objects and tools of these three governance models,we find that all the existing platform governance models have defects in both subjects and tools,making it difficult to respond to the governance demands from the perspective of data sovereignty.Therefore,it is urgent to inject new platform governance spirits in response to the changes in the governance structure of cyberspace brought about by the shift of power.This article improves the path of platform governance under the vision of data sovereignty,and proposes that the principle of data sovereignty should be embedded in the governance concept of national security and sovereign authority,and the transfer of sovereign power should be used as a tool to enhance the platform's ability to carry out legal autonomy.Meanwhile,platform behaviors guided by social responsibility should,aiming at building a sound interaction framework between a legal system centered on state power and platform rules centered on platform power,and a good platform governance model of sovereign security,balance of rights and responsibilities,vitality,and institutional justice,be cultivated while taking into account government supervision and platform self-regulation.1 tab.50 refs.
Data sovereigntyNetwork platformPlatform powerPlatform economyData securityGoverment governance