Jurisprudential Foundation of the Alogithmic Enforcement and Regulation of Law in an Intelligent Society: Taking the Automated Copyright Infringement Monitoring of the Online Content Sharing Platform as an Example

Abstract

As 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 online collegiate-panel dispute resolution.

Keywords

copyright law, intelligent society, Internet service providers (ISPs), safe harbor provisions, filtering obligations, algorithmic enforcement, algorithmic regulation, copyright blockchain, online dispute resolution

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