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responsibility

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Vice Governor of the Central Bank Lu Lei: The boundaries of responsibility for intelligent payment systems cannot be ambiguous, and a self-discipline convention will be released

According to Mobile Payment Network, Lu Lei, a member of the Party Committee and Vice President of the People's Bank of China, stated at the 15th China Payment Clearing Forum that intelligent agent payments must not blur the boundaries of responsibility between consumers, operating institutions, and algorithm systems. Lu Lei believes that the essence of payment is the transfer of fund ownership, which objectively requires that the results of transactions are predictable, responsibilities are definable, and traces are traceable. Large models and autonomous intelligent agents have characteristics such as output randomness and insufficient transparency of logic. If transaction decision-making authority is blindly or excessively granted to intelligent agents, it will affect the trust foundation of fund transactions. The current governance rules of the payment industry and dispute resolution mechanisms are built around "humans as the final decision-makers in transactions." The new model of intelligent agents automatically initiating and assisting in transactions easily blurs the boundaries of responsibility, and the existing governance rules need to be optimized and improved.Regarding the issue of insufficient compatibility of protocol standards in the field of intelligent agent payments, Lu Lei emphasized that the dispute over protocols is essentially a dispute over business rules and technical standards, as well as a struggle for dominance in the era of artificial intelligence. The People's Bank of China continues to strengthen its tracking research on technological innovation, especially intelligent agent payments, guiding the Payment Clearing Association to leverage its advantages in industry self-regulation. Based on extensive soliciting of opinions, they will formulate and publish the "Self-Regulatory Convention for Intelligent Agent Payment Applications," and will continue to work on coordinating protocols and standards, as well as innovating risk governance. Lu Lei proposed three hopes to market institutions: actively respond to and implement the industry self-regulatory convention, with payment security and risk prevention as the bottom line, and consumer rights protection as the focal point; continuously track the trends of cutting-edge technologies such as large models and intelligent agents both domestically and internationally, and build technical reserves and application capabilities; adhere to the principle of rules and standards first, strengthen coordination and compatibility among different protocols and standards, and cooperate with regulatory authorities to promote the construction of a foundational protocol and technical standard system for intelligent agent payments.

hot_img The Shanghai court in China analyzes the criminal responsibility determination in cases of "traffic diversion" fraud involving virtual currency, which may constitute complicity in fraud or illegal use of information networks

The Shanghai Intermediate People's Court has published typical cases, analyzing whether "traffic personnel" involved in telecommunications network fraud related to virtual currencies constitute accomplices in fraud. From February 2022 to April 2023, the defendants, for the purpose of profit, assisted upstream fraudulent activities by "draining traffic," using online virtual phone software to lure victims into related scam groups, ultimately causing 30 victims to be defrauded of more than 2.34 million yuan (the same currency hereafter) by an overseas fraudulent organization. The overseas fraudulent organization transferred funds into the suspects' trading accounts via virtual currency.The Shanghai First Intermediate People's Court pointed out that in telecommunications network fraud cases, "traffic personnel" may constitute accomplices in fraud or illegal use of information networks depending on specific circumstances. The key lies in determining whether they have formed a clear criminal intent connection with the upstream fraudulent organization and whether there is stable cooperation and division of labor. In judicial practice, when assessing the criminal responsibility of "traffic personnel," factors such as their role in the criminal chain, the degree of organizational management, connections with upstream criminals, methods of profit, and abnormal behavior should be comprehensively considered. Actions that only provide general online services and do not form a conspiracy to commit fraud should be distinguished from "draining" actions that knowingly participate in the implementation of fraud.
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