Analysis Of Infringement Liability Of Algorithm Recommendatio

Algorithm recommendation technology is a widely used production tool to improve the efficiency of network information transmission.Behind the huge traffic revenue created by network service providers through algorithmic recommendation technology,there are constantly emerging algorithmic recommendation infringements.On March 1,2022,the National Internet Information Office,the Ministry of Industry and Information Technology,the Ministry of Public Security,and the State Administration for Market Regulation jointly issued the "Regulations on the Administration of Internet Information Service Algorithm Recommendations",which shows that it is very urgent to regulate Internet algorithm recommendations.Through the analysis of relevant cases,this paper proposes that the current algorithm recommendation infringement mainly has three legal issues: the difficulty in identifying the subject of algorithm recommendation infringement liability,whether the principle of "technology neutrality" can be used as a defense for algorithm recommendation infringement,and the difficulty in identifying the subjective fault of network service providers.Due to the different specific circumstances of infringement by different civil subjects in the algorithm recommendation infringement,the responsibility of the algorithm developer and the responsibility of the algorithm recommendation service provider should not be confused;The clicking behavior should not bear any legal responsibility;algorithm consumers who use algorithm recommendation technical features to infringe should bear legal responsibility,and algorithm recommendation service providers with unfavorable supervision should bear corresponding supplementary responsibilities.In terms of liability determination for algorithm recommendation infringement,algorithm recommendation infringement liability belongs to general infringement liability,and product liability cannot be applied;network tort liability clauses cannot cover all situations of algorithm recommendation infringement;the principle of "technology neutrality" is not a defense for all algorithm recommendation infringement situations;Network service providers shall undertake the "professional duty of care" when using algorithm recommendation technology.At the same time,this paper proposes to improve the algorithm recommendation infringement liability system,add relevant laws and regulations on algorithm liability,apply the principle of fault presumption of liability for algorithm recommendation infringement,and establish an algorithm evaluation and filing system.