大数据“杀熟”带来的道德问题与价值风险及其规制探析

Moral Problems and Value Risks Behind Varied Pricing by Big-Data Analysis and Its Regulation Mechanism

随着大数据在电子商务领域的迅猛发展,大数据"杀熟"现象日益严重。大数据"杀熟"是一种对新老用户采取差别定价的营销手段,其实质是对新老用户的价格不平等,是商业平台的价格歧视。大数据"杀熟"带来了数据非法获取、数据垄断、隐私泄露、数据滥用和算法歧视等道德问题,以及冲击社会信任公平体系、侵犯公民合法权益、威胁企业长远发展、降低公众对新技术的接受程度等价值风险,需要从权力约束、权力监管和权利保护等方面进行规制。

With the rapid development of big data in the field of e-commerce, the phenomenon of varied pricing by big-data analysis is increasing. Varied pricing by big-data analysis is a marketing method that adopts differential pricing for new and old users. Its essence is price inequality for new and old users, and it is price discrimination on commercial platforms. Behind varied pricing by big-data analysis, there are problems such as illegal data acquisition, data monopoly, privacy leakage, data abuse and algorithm discrimination, which have caused impacts on the social trust and fairness system, infringement of citizens’ legitimate rights and interests, and threats to the long-term development of enterprises, and reduction of public awareness of new technologies, needing to be regulated in terms of power constraints, power supervision and rights protection.