cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations o...cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.展开更多
Legal order originated in a land-centered agricultural society,having now gone through a market-centered industrial society and a network-centered information society.With the rise of the intelligent society,it is tra...Legal order originated in a land-centered agricultural society,having now gone through a market-centered industrial society and a network-centered information society.With the rise of the intelligent society,it is transforming into an algorithmcentered legal order of an intelligent society.The"digital""networking""intelligent"revolution brought by the intelligent technologies including big data,cloud computing,the Internet,blockchain,and artificial intelligence(AI),has been causing critical challenges to the current legal order,and has generated powerful momentum for construction of fresh legal order featuring scientificness,people centeredness,justice,inclusiveness and co-governance.Construction of such a new jurisprudential legal order to solve this intelligent society's"governance deficit"is an urgent task.There is a need to set up a new foundation on which an intelligent society can build steady and lasting progress.展开更多
基金Project of Scientific Research Fund of Renmin University of China(2015030030)supported by the Fundamental Research Funds for the Central Universities.
文摘cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.
基金the National Social Science Fund's major research project titled“Basic Theory Research on Law with Chinese Characteristics in the New Era”(新时代中国特色法学基本理论研究)(18VXK004).
文摘Legal order originated in a land-centered agricultural society,having now gone through a market-centered industrial society and a network-centered information society.With the rise of the intelligent society,it is transforming into an algorithmcentered legal order of an intelligent society.The"digital""networking""intelligent"revolution brought by the intelligent technologies including big data,cloud computing,the Internet,blockchain,and artificial intelligence(AI),has been causing critical challenges to the current legal order,and has generated powerful momentum for construction of fresh legal order featuring scientificness,people centeredness,justice,inclusiveness and co-governance.Construction of such a new jurisprudential legal order to solve this intelligent society's"governance deficit"is an urgent task.There is a need to set up a new foundation on which an intelligent society can build steady and lasting progress.
