The People's (Republic) Algorithms

Notre Dame Journal of International and Comparative Law (Forthcoming)

Peking University School of Transnational Law Research Paper

32 Pages Posted: 24 Nov 2021 Last revised: 16 Mar 2022

See all articles by Gilad Abiri

Gilad Abiri

Peking University School of Transnational Law; Yale Law School

Xinyu Huang

Yale Law School; Peking University Transnational Law School

Date Written: November 23, 2021

Abstract

Recommendation algorithms, such as those behind social media feeds and search engine results, are the prism through which we acquire information in our digital age. Critics ascribe many social and political woes—such as the prevalence of misinformation and political division—to the fact that we view our world through the personalized and atomized prism of recommendation artificial intelligence. The way the great powers of the internet—the United States, the European Union, and China—choose to regulate recommendation algorithms will undoubtedly have a serious impact on our lives and political well-being.

On December 31, 2021, the Cyberspace Administration of China, a governmental internet watchdog, published a bombshell regulation directed at recommendation algorithms. These regulations, which went into effect on March 2022, exponentially increase the control and autonomy of Chinese netizens over their digital life. At the same time, the regulation will greatly increase the control the Chinese government has over these algorithms. In this timely essay, we analyze the content of the regulation and situate it in its historical and political context.

Keywords: regulation, governance, technology, innovation, Algorithms, Recommendation Algorithms, AI, China

Suggested Citation

Abiri, Gilad and Huang, Xinyu, The People's (Republic) Algorithms (November 23, 2021). Notre Dame Journal of International and Comparative Law (Forthcoming), Peking University School of Transnational Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3969932 or http://dx.doi.org/10.2139/ssrn.3969932

Gilad Abiri (Contact Author)

Peking University School of Transnational Law ( email )

Peking Univ. Shenzhen Campus
University Town, Xili, Nanshan District
Shenzhen, 518055
China

Yale Law School ( email )

127 Wall Street
New Haven, CT 06510
United States

Xinyu Huang

Yale Law School ( email )

127 Wall Street
New Haven, CT 06510
United States

Peking University Transnational Law School ( email )

2199 Lishui Road
Shenzhen, Guangdong
China

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