Consumers are not "leeks", big data must be "rules"

  Author: Shi Hongju

  "Guangming Daily" (Version 02, January 06, 2022)

  【News Essay】

  Recently, the State Cyberspace Administration and other four departments jointly issued the "Internet Information Service Algorithm Recommendation Management Regulations."

According to regulations, algorithm recommendation service providers should provide users with options that are not specific to their personal characteristics, or provide users with convenient options to turn off algorithm recommendation services.

Algorithmic recommendation service providers who sell goods or provide services to consumers shall protect consumers’ right to fair transactions, and shall not use algorithms to implement unreasonable differences in transaction prices and other transaction conditions based on consumer preferences and transaction habits. Illegal behavior such as treatment.

  The so-called "implementing unreasonable differential treatment on transaction conditions such as transaction prices" according to consumer preferences and transaction habits is actually what we call big data.

On the same journey, taxi-hailing software offers different prices for the two mobile phones. Travel apps and online shopping platforms "look at people and eat dishes" to provide regular customers with high-priced goods... Consumers are treated differently, and the more regular customers are, the more they suffer.

Big data is against business ethics and overdrafts consumer trust. It is price discrimination in disguise. It may also infringe consumers' right to know, to choose, and to trade fair.

  In particular, because Internet platforms and businesses have information and technological advantages, and the market environment is changing rapidly, commodity prices change at any time, and even rise and fall several times a day, it is difficult for consumers to see through the familiar behavior.

The Internet platform grasps user information, can "portrait" consumers based on algorithms, and provide differentiated pricing and services, and implement concealed and accurate killing.

Consumers are in a weak position, and they neither understand the merchant's pricing strategy, nor can they know the merchant's pricing differences for shoppers in different regions and time periods.

  Unless during the same time period and in the same area, there are multiple consumers with the same "membership level" buying the same goods, otherwise, not to mention ordinary consumers, even the supervisory authority is difficult to distinguish what is a normal price change, what is a familiarity .

Therefore, in the context of technological advancement, if you don’t say no to big data, consumers will not be able to enjoy the dividends brought by technological advancement and can only be reduced to "leeks" calculated by algorithms; and Internet commerce will also lose its convenience to the people. Become an "accomplice" to powerful businesses butchering consumers.

  Consumers should equally enjoy the dividends brought about by the development of the Internet and big data.

The Regulations on the Management of Algorithm Recommendations for Internet Information Services prohibit big data from becoming familiar, and require Internet platforms to provide convenient shutdown options, and should provide options or delete personal tags for algorithm recommendation services, and implement precise, rational and powerful policies.

Of course, in the specific implementation process, investigations, law enforcement, and penalties should be increased, and big data technology should be used to counteract big data, so that rights can grow "tooths" and algorithms should abide by "rules."

  (Author: Shi Hongju, a judge)