Expert interpretation | Building a landing support system for algorithm governance

With the rapid development of network information technology, big data, cloud computing, algorithm and artificial intelligence and other technologies are widely used in social networking, shopping, tourism, medical, job hunting, video and other platforms and application scenarios. The emerging format of the Internet has brought great convenience to people and shaped people's new way of life. At the same time, due to the fast iterative speed of information technology update, various development forms, and more and more complex emerging formats, big data mining and algorithm through user behavior analysis, as well as historical data mining, bring convenience to the personalized service of users, and inject new momentum into economic and social development. However, the unreasonable application of algorithms such as algorithm discrimination, "big data killing familiarity", induced addiction, violation of laws and bad information recommendation also touches on such issues as user information security and rights and interests protection. and has a profound impact on the normal communication order, market order and social order, and brings new challenges to China's existing laws and regulations and regulatory governance system.

In order to standardize Internet information service algorithm recommendation activities, safeguard national security and social public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy development of Internet information services, the State Internet Information Office, the Ministry of Industry and Information Technology, the Ministry of Public Security and the State Administration of Market Supervision and Administration jointly issued the regulations on the recommendation of Internet Information Service algorithms (hereinafter referred to as the provisions). Shall enter into force as of March 1, 2022. The promulgation and implementation of the regulations will effectively strengthen the state's standardized supervision over the algorithm recommendation of Internet information service providers, help to create a positive, healthy and positive Internet information service environment, and form a good information dissemination order. to further enhance the ability of social governance in our country.

First, it is guided by the mainstream value of society and emphasizes the management and guidance of public opinion.

The stipulation emphasizes that the algorithm recommendation service provider should adhere to the mainstream value orientation, optimize the algorithm recommendation service mechanism, actively spread the positive energy, and promote the algorithm application to improve. The regulations focus on the potential algorithms in Internet information services to affect network public opinion, algorithms to induce users to indulge or excessive consumption, algorithm collusion and unfair competition and other algorithm application risks, which leads to governance objects. through the calculation and regulation system to standardize the Internet information service algorithm recommendation activities, to safeguard national security and social and public interests. The regulations point out that the algorithm recommendation service provider with the attribute of public opinion or the ability of social mobilization shall, within ten working days from the date of providing the service, fill in the name, service form, application field, algorithm type, algorithm self-evaluation report, proposed publicity content and other information of the service provider through the Internet information service algorithm filing system, and perform the filing formalities.

Second, emphasis is placed on protecting the rights and interests of users and safeguarding the legitimate rights and interests of minors and the elderly.

The stipulation emphasizes that the algorithm recommendation service provider should provide users with options that are not specific to their personal characteristics, or provide users with convenient options to turn off the algorithm recommendation service. If the user chooses to turn off the algorithm recommendation service, the algorithm recommendation service provider shall immediately stop providing the relevant service. If the algorithm recommends service providers to provide services to minors, they shall fulfill the network protection obligations of minors in accordance with the law, and facilitate minors to obtain information that is beneficial to their physical and mental health by developing models suitable for their use and providing services suitable for their characteristics. The regulations point out that algorithm recommendation service providers shall not push to minors information that may cause minors to imitate unsafe behavior and violate social morality, induce minors' bad habits, and other information that may affect the physical and mental health of minors, and shall not use algorithm recommendation services to induce minors to indulge in the Internet. The regulations point out that if algorithm recommendation service providers provide services to the elderly, they should protect the rights and interests enjoyed by the elderly in accordance with the law, fully consider the needs of the elderly for travel, medical treatment, consumption, and handling affairs, provide intelligent services for the elderly in accordance with relevant state regulations, and carry out monitoring, identification and disposal of information related to telecommunications network fraud in accordance with the law, so as to facilitate the safe use of algorithm recommendation services by the elderly.

Third, establish a complete and feasible supervision system and clarify the legal liability of service providers.

The regulations emphasize that the network information department, together with telecommunications, public security, market supervision and other relevant departments, should establish a security management system for algorithm classification and classification, and implement hierarchical and classified management of algorithm recommendation service providers according to the public opinion attribute or social mobilization ability, content category, user scale, data importance of algorithm recommendation technology processing, and degree of intervention to user behavior. The provisions point out that algorithmic recommendation service providers violate articles 7, 8, 9, paragraph 1, 10, 14, 16, 17, 22, 24 and 26 of these provisions, if there are provisions in laws or administrative regulations, such provisions shall prevail. If there are no provisions in laws or administrative regulations, the Internet communication department and the relevant departments of telecommunications, public security and market supervision shall, in accordance with their duties, give warnings, circulars and criticisms, and order them to make corrections within a time limit; if they refuse to make corrections or the circumstances are serious, they shall be ordered to suspend information updating and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. If the act constitutes a violation of the administration of public security, the administrative punishment of public security shall be imposed according to law; if the act constitutes a crime, criminal responsibility shall be investigated according to law.

Fourth, construct the landing support system of algorithm governance and strengthen the social responsibility of enterprises.

The introduction of "regulations" is highly exploratory and forward-looking, and it is also a new starting point for algorithm recommendation management. However, algorithm comprehensive management is still in its infancy, lack of practical experience and technical support system of algorithm recommendation management, accelerate the implementation of algorithm governance as soon as possible, combined with the current