Algorithmic Regulation for the Protection of Children

Abstract

Algorithms induce children to make choices or develop specific ways of thinking and, to a certain extent, play the role of "algorithmic parenting", which is not conducive to the healthy development of children. In order to protect the online interests of children, legislation in China, the European Union and the United States generally establish a model of parental or guardian consent for the processing of personal information of children under a certain age. However, guardians do not have the awareness and ability to counteract algorithms and "algorithmic parenting" may also excessively violate children's right to development. The legal order should directly regulate algorithm design and algorithm application and should not only require algorithm users to use nudge technology and age-appropriate design to guide children to actively exercise their rights but also directly prohibit the application of commercial algorithms to profile children. The design of enumerated rules has a lag, and by regulating the platform, which is a digital ecosystem of algorithm applications, it can avoid hanging one from the other. The shift from the safe haven principle to the gatekeeper rule suggests that mega-social media platforms should assume a more active duty to do their best to regulate algorithmic activities within their platforms, thereby achieving comprehensive protection of children's online interests.

Keywords: Algorithmic parenting, Protection of children, Social Media Platforms, Guardian consent, Gatekeeper rule, Duty of best efforts