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18 J. Hum. Rts. 495 (2019)
Algorithm Regulation under the Framework of Human Rights Protection - From the Perspective of Toronto Declaration

handle is hein.journals/jrnlhmch18 and id is 494 raw text is: THE JOURNAL OF HUMAN RIGHTS VOL. 18 NO. 4 AUGUST 2019 Algorithm Regulation Under the Framework of Human Rights Protection - From the Perspective of Toronto Declaration XUBin Abstract: The application of artificial intelligence algorithms in public services brings with it issues such as algorithmic discrimination and inequality. The discussion of the ethics and regulation of algo- rithms, from the legal perspective, is actually the relationship between intelligent algorithms and the protection of human rights. In response to the discrimination and prejudice of algorithmic violations of human rights, a coalition of nonprofit organizations released the Toronto Declaration on Machine Learning regulates the development and use of algorithms with the principle of due process. The Ethics Guide- lines for Trustworthy Al issued by the European Union in 2019 focus on the participants in algorithm development. While US courts that the algorithms enjoy the right to 'freedom of speech . China should learn from the foreign algorithm regulation experience, and seek to establish an overallframework of government regulation that balances the need for technological innovation and commercial competition with human rights protection. Keywords: Toronto Declaration * algorithm * human rights * le- gal regulation * pragmatism The popularization of new technologies will not only change society, it will also change the legal relationships between people and machines. While changing the hu- man-machine relationship, Al is having a certain impact on the existing legal system. From a global perspective, some countries take a conservative approach and try to in- corporate artificial intelligence into the traditional legal framework by explaining the new relationship between man and machine. Some other countries actively adopt the path of legislation and regulate algorithms and ethics through new legislation and in- dustry standards. The Toronto Declaration on Machine Learning (hereafter referred to as the Toronto Declaration), which can be more widely applied to Al, was issued by a number of international nonprofit organizations in Canada on May 16, 2018 was a manifestation of the legislative tradition of European countries and was closely related to the civil law tradition of European countries. In response to this, MIT and other re- search institutions have jointly launched research on Al ethics.' * XU Bin ( fA ), Assistant Professor and Doctor of Law, Institute of Law, Chinese Academy of Social Sciences. 1. Cai Yingjie, Artificial Intelligence: Bounded by Law and Ethics, People & Daily, August 23, 2017.

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