Research On Legal Regulation Of Intelligent Algorithm Infringement

With the development of science and technology,artificial intelligence has come into people’s lives.As the core technology of artificial intelligence,intelligent algorithms have been widely used in all aspects of life.While the application of intelligent algorithms has greatly facilitated people’s lives,it has also led to many new infringement problems.autonomous vehicle cause damage,algorithms automatically compensate for infringement of reputation,and "big data killing" damages user rights and interests Infringement and other phenomena occur frequently in algorithmic risk control systems.The infringement caused by the autonomy of intelligent algorithms is the fault responsibility of the network platform,which can easily affect people’s lives through algorithms.Therefore,the network platform should bear the corresponding duty of care with its traffic and information volume;Infringement caused by defects in intelligent algorithm systems should be subject to product liability,treating computer software that applies intelligent algorithms as a product,and adding algorithm system designers as supplementary liability subjects to address the phenomenon of separation between intelligent algorithm system designers and product producers;For the proof of intelligent algorithm infringement behavior and causal relationship,by utilizing technical means and simplifying proof procedures,the burden of proof for victims is reduced;The consequences of damage caused by intelligent algorithms can be solved from two aspects:reducing the occurrence of infringement damage and establishing effective relief systems;Uncover the veil of "technology neutrality" on network platforms,clarify the subjective intentions of network platforms in the design and operation of intelligent algorithms,and establish a system of pre filing and post explanation to identify subjective faults;The traditional exemption principle of intelligent algorithm infringement can certainly be applied,but for the development risk defense principle,its application conditions should be strictly limited to avoid relevant parties abusing the rule to evade responsibility and further harm the interests of victims.