"Open and closed in Internet governance" seminar: serving the national unified market construction of the country with platform interconnection and interoperability

In April of this year, the "Opinions of the Central Committee of the Communist Party of China on Accelerating the Construction of the National Unified Market" was released, which proposed to accelerate the cultivation of the data factor market and establish and improve data security, rights protection, cross -border transmission management, transaction circulation, open sharing, security certification, security certification Elimination of basic systems and standards. On June 22, the 26th meeting of the Central Committee of the Central Committee for Comprehensive Deepening the Reform Commission reviewed and approved the "Opinions on the Establishment of Data Basic System to Better Data Elements".

In this context, on August 12, the "Open and Closed Seminar in Internet Governance" hosted by the research base of the Beijing Science and Technology Innovation Center research base was held online and offline. The theoretical foundation and practical problems, the legal cognition, real factors and institutional obstacles of the Internet, the standards, practice, institutional construction, and data governance in data circulation, and data governance in data circulation. At the meeting, the research base of the research base of Beijing Science and Technology Innovation Center introduced the latest research report entitled "Platform Interconnection System direction and functional positioning" (hereinafter referred to as "report").

Open and closed seminar site in Internet governance

The phenomenon of domestic "wall gardens" is prominent, and some platforms evade the implementation of interconnection policies

Dr. Huang Yinxu, a member of the research group, introduced that "Wall Garden" refers to a closed ecosystem. All operations must be passed and stayed in the ecosystem. The main body of behavior is the Internet giant. Sexuality, the phenomenon of "wall garden" is particularly prominent in the Chinese Internet field, and even to some extent has become an Internet ecosystem with Chinese characteristics. The research and development of the research base of the Beijing Science and Technology Innovation Center Research Base found that from 2005 to 2021, there were at least 158 ​​platforms that have a certain social influence in China. From the 14 years from 2008 to 2022, the platform blockade of the first 7 years accounted for only 15%, and the seven -year blockade of the next 7 years accounted for 85%of the total. Different from the simple "closed", the "wall garden" has a stronger concealment. It is often based on business logic, trying to build a variety of rationality, and essentially go to the edge of the law, so it is more deceitful.

The report pointed out that the "Wall Garden" problem in China was first opened by Alibaba's ban in 2008. Essence Since then, the Chinese "Wall Garden" was pushed to the new peak. Douyin and multi -flash stop using user avatars and nicknames from WeChat/QQ, although the information has been authorized by users to use cross -platform.

Judging from the special operations of my country's Internet industry, the linking URL link has become a key rectification item. After research and development, most enterprises actively responded to the interconnection policy, but some enterprises did not implement this guiding ideology, and some super platforms even had a tendency to avoid the implementation of interconnection policies.

For example, in the implementation of this interconnection policy, the head social platforms have adopted new measures including "the scope of restriction lift and shielding" and "increasing user access to external links and difficulties". In fact, the means of "interconnection" through differentiated treatment and discriminatory treatment. The interconnection measures adopted by some platforms allow users to directly access part of the links, and the links of competitors need to be opened after the second confirmation, causing a lot of inconvenience. This differential treatment problem is obviously contrary to the original intention of interconnection, and this logic is still a delay strategy against competition, opening up, and resisting supervision.

The research results of the project group also showed that the discrimination and open measures of the super platform continued to exist, and the market splitting problem was not resolved. At the same time, the governance of the current interconnection policy is still mainly open links, which involves less data open data and data interactive levels. In addition, the problem of self -preferential treatment of the super platform has not been resolved, and the fair competition environment of SMEs is limited.

Dr. Huang Yinxu, a member of the research group, introduced that in some typical cases of interconnection, the 3Q war, the Touteng War, the Galanz complained Tmall's "two choices", the Meituan cancellation of the Alipay channel, etc. The main means of competing between the platforms, the super platform continues to consolidate its own competitive advantage, restricting competitors through measures such as self -preferential treatment and external links, etc., including direct competitors in related markets, other related markets but business connection with business connection Other market operators.

Based on the status quo of the Internet industry in China, Yang Dong, the dean and professor of the Academy of Interdisciplinary Research, Renmin University of China, proposed the concept of the "Yuan Platform". He believes that "compared to e -commerce platforms, the closure of social platforms is more representative, and social platforms are powerful. The power of power can construct the traffic of the ecosystem. After forming the three -dimensional structure with platforms, data, and algorithms, it can achieve self -preferential treatment. "".

In Yang Dong's view, the key to solving the problem of "closed" is to solve the power structure behind the platform. Only by grasping the "meta platform" governance ideas can we truly solve the problem of closedness in Internet governance. Enterprises' monopoly and closure of traffic is the most serious, but it has not yet received any penalties. The research team pointed out that it is inefficient and useless to maintain the market competition advantage by blocking the ban on market competition. Horned Beast Company is responsible for verification, and the giant is responsible for clearing the field. " Internet giants should not rely on simple "harvesting traffic" and "wool wool" to obtain monopoly benefits. And lift the shielding can end the Internet giant relying on the business pattern of "sitting on the ground to collect" by traffic entrances, forcing the Internet giants to no longer be greedy, instead of deeply cultivating core areas, providing high -quality products and services, and improving the quality of service through differentiated strategies.

Opening is the essence of the Internet. A platform with the nature of public infrastructure should have a positive obligation to communicate

The research team proposes that the basic connotations of interconnection include the interoperability of open networks, network nodes, and information systems. From the perspective of the principle of necessary facilities, network neutrality, and platform publicity, interconnection interoperability has theoretical foundation.

Especially from the perspective of "platform publicity", the impact of large platforms on social, economy, and public domains is increasing day by day. It Business entities should conduct corresponding regulations in accordance with the corresponding public entities. For example, as a WeChat platform with more than 1 billion daily active users, it can constitute a necessary facility, and it should have higher attention obligations to maintain the competitive order of related markets.

Professor Lu Laiming, President of Beijing University of Technology Law School and President of the Study of the Rule of Law of the Beijing Law Society

Lu Laoming, a professor at the School of Law of Beijing University of Technology and the president of the Beijing Law Society E -Commerce Rule of Law Research Association, believes that "Unlike ordinary enterprises, platforms, especially large Internet platforms, are not pure market entities. And with the technical advantages and huge data of the platform, the attributes of public facilities are more obvious. "Lu Laoming said that based on public facilities attributes and goals of interconnection, their business rights should be restricted. Unlimited closure of your own data, information, resources, and technical advantages, thereby restricting competition, restricting the prospects of Internet development and weakening the enthusiasm of investment innovation.

Lu Laoming pointed out that on the one hand, interconnection must be considered to protect the existing legal interests of all parties, and on the other hand, it is not allowed to set up walls and use advantages to block and exacerbate monopolies. For specific types of behavior requirements, open interconnection must be performed. In other aspects, in principle, an advocate method is adopted to promote interconnection.

In the "Regulations on Network Data Security Management (Draft for Opinions)" issued by the State Cyber ​​Information Office last year, there is a obligation to interoperate the data interoperability of the instant messaging platform. Her positive obligations of data interoperability. At the same time, under the obligation of data interoperability, the balance between the obtaining legal data rights and data interoperability is a issue that requires long -term attention in the future Internet governance.

The report proposes that interconnection is the original intention of the Internet and the essential characteristics of the Internet technology structure. The platform ban has become a typical damage to competition and has threatened the healthy development of the digital economy. Some digital platforms advocate the "three major reasons" of private property, business freedom and technical security to defense interconnection. These reasons have certain basis in the industrial era, but the publicity and necessary facilities in the digital space are enough to respond In the dilemma of interconnection, the publicity of the data has disappeared the crisis of private property in the principle of necessary facilities.

Beijing University of Aeronautics and Astronautics University and President of Humanities and Social Sciences Institute Dean and Professor Long Weiqiu

At the seminar, the Dean and Professor Long Weiqiu of Beijing University of Aeronautics and Astronautics Law and Humanities and Social Sciences also believed that opening up is the essence of the Internet, and three issues need to be considered in openness and closed Internet governance. First, Internet governance It is a new development of scientific and technological governance; secondly, Internet governance should serve the development of the Internet, not to hinder the development of the Internet; in the end, Internet governance should deal with the relationship between openness and closedness.

Professor Wang Wenhua, Professor of Law School of Beijing Foreign Languages ​​University

Wang Wenhua, a professor at the Law School of Beijing University of Foreign Languages, believes that it needs to look at the issue of interconnection. “第一个层次是平台间开放链接，目前仍存在链接被屏蔽现象，这非常有悖于平台开放的本质；第二层次是数据开放；第三层次是生态开放。”王文华表示，目前，平台There is a phenomenon of data blockade or incompatibility between the Internet giants, and "mutual blocking the net" has become a hindrance to the development and innovation of the Internet.

Liu Yun, Assistant Researcher at Tsinghua University Law School and Assistant to Dean of the Institute of Intelligent Law Research Institute

Liu Yun, assistant researcher at the Law School of Tsinghua University and Assistant to the President of the Institute of Intelligent Law, pointed out that interconnection is the basic consensus of the Internet prosperity and development. If it is freely developed by the market, the Internet industry will definitely be closed, so a certain degree of administrative intervention must be performed. The work of the Ministry of Industry and Information Technology is conducive to maintaining the openness of the Internet. "The data can be carried by the right must have a special supervision and law enforcement agency. If the regulatory authorities do not pay enough attention to the right to carry, and the ability and power of personal initiative to exercise are not enough, then this provision can easily become 'unreal rights'. Regulatory authorities are involved in law enforcement or issuing guidelines, "Liu Yun said. Promote interconnection from building a high degree of unified markets in the country, and promote reasonable flow of traffic and data

At the meeting, a number of scholars discussed the opening and closed topics of the Internet from the perspective of economic development and the development of the Internet. It was believed that promoting interconnection was conducive to the construction of a large unified data market.

Open Unicom is the essence of the Internet without choice, non -discrimination, no difference, and unconditional openness between Internet platforms. Interconnection can stimulate industry innovation driving force, meet the requirements of global economic development, international competition, and large internal circulation industries in China. The internal digital requirements of unified large markets.

"Opening and closed issues present different characteristics at different stages of the development of the Internet. The first generation of Internet requires opening up in order to attract resources in traditional production organizations to new channels and form new production relationships. In fact, it was the element that was originally imprisoned in the traditional industry production mode at low cost. "Hu Ling, an associate professor at the School of Law School of Peking University, said that when the Internet was just emerging, Internet companies have already become giants, and now they will not mention" openness ". Because it has created infrastructure, it has formed a huge closed market and stable traffic, and with huge vested benefits, it has begun to emphasize the advantages of "closed", such as market order and transaction security.

Hu Ling believes that the realization of interconnection must recognize and return to the original value of the Internet, vigorously promote the flow of factors, and reduce the cost of large -scale flow between platforms. Mutuality. Interconnection should not be the "talk" that enterprises are changing at will at different stages of development. Instead, they should stand on the digital market and establish the overall height of the unified market to look at and promote.

Zhai Wei, an associate professor at the School of East China University of Political Science and Law School of Economics and Law and Executive Director of the Research Center of Competitive Law Research, also said that at present, the state and relevant departments have actively strengthened the construction of a unified market, vigorously developed the digital economy, and "building and strengthening unified data markets" became a Important work.

"In this process, if a large platform enterprise and each build their own" wall garden ", reject the reasonable sharing of traffic resources and data resources, will cause unified data large markets to be effectively constructed, and even affect my country's core competitiveness So from a macro perspective, promoting interconnection is conducive to the construction of a unified data market, and it is conducive to promoting the development of the digital economy. "Zhai Wei said.

Zhai Wei believes that from the perspective of public interests, the platforms of each platform restrict each other's interconnection are more because of the game of commercial interests. Link restrictions not only affect the experience of personal users in the platform, but also make the head platform form a "information island", increase the cost of information acquisition and free flow, but also reduce the overall quality of the information on the Internet. No reason to refuse to interconnect, it will also increase the cost of the public, such as migration costs, time costs, free choice costs, and so on.

Wu Shenkuo, assistant to the dean of the Internet Development Research Institute of Beijing Normal University and deputy director of the Research Center of the China Internet Association, pointed out that the openness and interconnection between Internet platforms are the inherent requirements of the Internet spirit and the prerequisite for the healthy and sustainable development of the digital economy. In the era of digital economy, the cultivation of open and interactive platform ecology is conducive to comprehensively spawning new development opportunities, further exerting the value potential of new technological innovation, stimulating the functional potential of new business models, and improving the ecological potential of new application scenarios. In order to better promote interconnection, we need to build a comprehensive compliance system in the new cross -multi -platform ecological scenario.

Clarify the standards and rules of interconnection and interoperability, and use the free flow of data as the principles and basic positions of the integrity and basic position

As a new "production factors", the opening and sharing of data have become important issues of seminar.

The report pointed out that from the key requirements of interconnection and interoperability, the most important thing for interconnection is to open the link between the platform. For example, for consumers, short videos can be allowed to watch on social platforms, search engines can be allowed to search for social platform content, and search engines can also be used on social platforms. In the future, the digital level is more common, so that each user can enjoy the rights and interests of data and avoid data monopoly.

In terms of promoting interconnection, the research team gives suggestions. At the practical level, the data sharing system can be constructed with the type of API to build a data sharing system to build a system of personal data opening and personal data. The top -level design of the interconnection and interconnection provides the supply of effective governance systems; we must strengthen anti -monopoly law enforcement in the economic field of the platform; explore multiple regulations and implement the main responsibility of the platform; innovate the supervision path of the industry, highlight the governance of agile governance and soft law, and make good use of it. Regulatory science and technology, build a multi -department supervision and coordination mechanism.

Xu Wei, an associate professor at the Law School of Ningbo University, believes that the problem of "openness" and "closed" of Internet platforms should distinguish between specific analysis of different scenes, such as 3Q war, e -commerce platform "two selections and one", and whether links can be shared. Legal entry points and solutions are different. Associate Professor Liu Quan, Associate Professor of Law School of the Central University of Finance and Economics

"As a platform enterprise for regulatory subjects, the data controlled by its control has public attributes and should be interconnected to these data. At this time, the network platform as a regulatory body is similar to government departments. The interests of the operators in the platform are conducive to other platforms to better maintain order and security of the online market. "Said Liu Quan, associate professor of the School of Law of the Central University of Finance and Economics.

"Whether it is open or strengthened, it is necessary to take the goal of promoting development and gradually improve the law." Liu Lianzhong, a professor at the School of Network Space Security, Beijing University of Aeronautics and Astronautics, pointed out. "In personal information and network information, which information users can take away without compensation ' What can be made in paid transactions, and the standards need to be clear. "Liu Lianzhong suggested that when relevant departments issued regulations or supporting measures, they should further refine the implementation rules and give the platform clearly to better achieve the effect of the rule of law.

Regarding how to open, Wang Wenhua believes that "data opening can promote antitrust, which is conducive to the free flow of e -commerce data in the digital economy era, promote data governance, and digital economic governance. Open between each other and continue to be closed for other platforms, or to be open to small and medium -sized enterprises, this will form a strong and united new monopoly and unfair competition, which will harm the rights and interests of other platforms or small and medium -sized enterprises. "

Wu Tao, Secretary of the Party Committee and Professor of the School of Law School of the Central University of Finance and Economics, proposed that when dealing with competition disputes in the network industry and facing multiple conflicts of interest, the principle of proportion should be used. It should be supported by law.

Zhang Xin, an associate professor of the University of Foreign Economic and Trade, executive director of the Digital Economy and Legal Innovation Research Center

Zhang Xin, an associate professor of the University of Foreign Economic and Trade, and executive director of the Digital Economy and Legal Innovation Research Center, introduced the regulatory path of open -domain open data, pointing out that although my country has no dedication to the opening and sharing of platform data, this does not mean that we have not did not treat it. Perform policy layout. On the contrary, from the aspects of the top -level policy, from the level of laws and regulations, including local regulations, have actually conducted a series of system exploration and accumulation. For example, the security management system of platform data is open, the diversified implementation path of the platform's data is open, platform enterprise data is open and graded management, safe and controllable, and the principles of platform enterprises should be tilted to small and medium -sized enterprises. Essence Zhang Xin believes that in the process of data opening, my country should focus on how to build a perfect system.

Zhou Xuefeng, deputy dean and professor of the School of Law of Beijing University of Aeronautics and Astronautics, believes that the data can be considered to classify the data, the business data on the platform, and the different principles and exceptions of personal data settings. At the same time, different levels and different types of data in the Internet architecture should be subdivided, and different principles, exceptional rules and implementation methods should be set in different fields to achieve mutual consideration between security and development.

"Under the macro view, in the field of digital economy, only by promoting comprehensive interconnection and ensuring that data resources can be freely circulated, integrated, and configured between different network platforms, can the convenience and availability of basic data services be achieved." Zhai Zhai. "Zhai Zhai. Wee's suggestions to promote comprehensive interconnection in stages, which will help promote the equalization of basic data service supply, meet the diversified needs of the public on basic data services, and supply the supply way to optimize and expand basic data services.

Han Xuzhi, deputy dean and associate professor of the East China University of Political Science and Law Digital Law Research Institute

Han Xuzhi, deputy dean and associate professor of the East China University of Political Science and Law, said that data flow can generate greater value. Data free flow is the principle of integrity and basic positions, and unreasonable restrictions cannot be done.

Regarding the vision of interconnection, the report predicts that the platform interconnection has a long -term good value. Among them, large platforms, third -party platforms, and consumers can gain gain from it. For large platforms, it can further tap data dividends by absorbing the business of third -party platforms, strengthen algorithm training, improve the overall operating efficiency of the platform, and further enrich the ecosystem; for third -party platforms, traffic and data of large platforms sharing large platforms , Can help it complete the accumulation of user traffic and key data faster, achieve positive feedback circuits, and fully stimulate market competitive vitality; for consumer users, the opening of the platform increases its optional business scope, and data sharing and data sharing and data sharing and data sharing and data sharing and data sharing and data sharing and data sharing and data sharing and data sharing and data sharing and Mutual operations also provide convenience for the use and switching platform.

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