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  4. Vol 2, Issue 9, 2023

Liability Rules for Algorithmic Discrimination

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DOI: 10.23977/law.2023.020902 | Downloads: 19 | Views: 314

Author(s)

Hu Zhiju 1

Affiliation(s)

1 School of Law and Political Science, Urban and Rural Cultural Development Research Center, Guangzhou College of Applied Science and Technology, Guangzhou, Guangdong, 511370, China

Corresponding Author

Hu Zhiju

ABSTRACT

Algorithmic discrimination represents the translation of human societal discrimination into the realm of algorithms. It manifests as algorithmic thinking, black-box algorithms, and non-neutrality, all stemming from the design of algorithmic technologies. Furthermore, it becomes apparent in the form of biased decision-making during algorithmic operations. This phenomenon not only infringes upon citizens' equal rights but also disrupts market economic order and jeopardizes social fairness and justice. To effectively address the real-world issues arising from algorithmic discrimination, it is imperative to approach this problem from a legal perspective. Algorithmic discrimination differs from traditional forms of infringement, necessitating a thorough analysis of its constituent elements, responsible entities, modes of liability, and the establishment of mechanisms for liability allocation. Through these legal regulations, a legal framework for the algorithmic era can be constructed, safeguarding the safety and development of humanity in the digital society.

KEYWORDS

Algorithmic Discrimination, Root Causes, Real-world Harms, Constituent Elements, Responsibility Allocation

CITE THIS PAPER

Hu Zhiju, Liability Rules for Algorithmic Discrimination. Science of Law Journal (2023) Vol. 2: 10-17. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020902.

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