In the original order, people can naturally forget
In the original order, each person's behavior, manners, and speeches will be recorded. Of course, most of them will be forgotten. However, some words and deeds will be remembered for a long time, and are therefore judged to be good and capable. Bad people, lazy people. These judgments will affect the person's life and directly determine his life, work, and relationships.
Modern society is a society that expands order, and each person's behavior, behavior, and speech are also recorded by the primitive orderers around them. But now people have a large living space. There can be a lack of continuity in the recorded speech and behavior, and the recorded speech acts are seldom judged in the original order as good people, capable people, bad people, lazy people, even if they have judgments. The influence of human life and work interaction has also been greatly reduced.
Therefore, in the primitive order, people have more structure, and people's freedom lacks the norm of abstract rules, but they are bound by specific rules, and this specific rule is often related to a person's specific memory in the original order. As a result, people lose their abstractness and become a living good person, capable person, bad person, and lazy person, which constitute the ecology of a primitive social order. Here, there is plain love, there are stories that can be awesome.
In the extended order, people have more freedom. People's freedom depends on the norms of abstract rules. Each person is represented by a specific symbol. Not only must he have a name, but also must be numbered. There must be various kinds of documents, and no proof of the text means that it does not exist. And the number of these texts and their numbers is an order of expansion formed by individual abstract rules. In this order, everyone is an abstract person. It does not require special concrete connotations. Concrete connotations are considered secondary. Here, more is the structure of the extended order than the emotions of the original order. If you highlight the emotions of your primitive order, you can also have your original order of freedom, including love for men and women, brotherhood.
For example, in the vigilant theme movie "Heroic Character 2018," the villain finally said that you are all outdated and now rely on money. What he said was that the primitive order was out of date, and that the expansion of order relied on expanding the abstract money in the order rather than the wealth of the bloody original order. The film's police brother asked the police to request support. He believed that the brothers' actions were gang fights, but his brother believed that they were fighting side by side with brotherhood. Of course, the final outcome was at the last minute, the police appeared, killed the villain, and saved three brothers. This shows that the original order needs to expand the support of order, and the expansion of order is not a space without original order.
The Internet is replacing people's memory
But in the age of the Internet, the boundaries of order began to blur. Although there is no change in people's memory, the Internet is replacing people's memory. In the era of expanding order, people's original order is open and multi-dimensional. You are a master of drinking here, but you can be completely remembered as a non-stick drinker there. A scholar may be a scholar in academia, but may be a musician in music, and people in the two orders will not remember you as another order.
But it is different in the Internet era. You only need to have a record on the Internet. When people search, they know what kind of person you are. If you use data capture software, you can further understand you systematically and completely create a big data for you. Although you have forgotten a lot of information in your past, and you have chosen one, it has changed.
In such an era, although the order has expanded, Internet technology is taking people to a more systematic and primitive order. In such an era, a person's freedom may have problems. He is likely to live forever in the structure of past words and deeds. This may be tragic for one's freedom.
For eternal good people, it is not a problem, but it may be tragic for those who make mistakes by mistake but are trying to improve.
"People have the right to be forgotten"
How to solve this tragedy? A trial by the European Court of Justice in 2014 made such an attempt, which stated that people have the right to be forgotten.
According to this ruling, the European Court of Justice requested Google to delete the URL of 2.4 million messages. In the first issue of the "Economist" magazine in March 2018, this was clearly a far cry from "rights." Google Search has not actually deleted 57% of its URLs, and believes that the information contained in these URLs is based on the public interest.
Of course, with this ruling, some people will use it to demand their own "rights." A businessman in London sued the Google search engine accordingly and said that it did not delete a piece of information about him that involved the misdeeds of his accounting fraud.
In theory, "forgotten" is hardly a binding universal right. Even if the European Court ruled that Google is required to delete 2.4 million messages, the verdict, including the removal of 2.4 million messages, is not morally binding. It is only for specific cases.
In the original order, people would choose to forget some information; but in the extended order, they did not do the corresponding “forgotten” treatment. In the era of Internet big data, this information can basically be considered as a permanent memory. This solidifies the original order, and in the extended order, any information records of the original order will have features that are partially forgotten. This will obviously harm one’s freedom. When these people reach a certain order of magnitude, they will also damage the freedom to expand the order. Because a society without good people is not free. As an extended order integrated with abstract rules, if there is no good support, it is also impossible to have moral power.
The "forgotten rights" cannot be generalized
It can be expected that in the Internet era, people will have more freedom, but in the era of big data, people’s traditional freedom will also be damaged. The two sides of big data require the further formation of some new abstract rules. These rules do not necessarily have universal binding force, but they can be conducive to conflict resolution between the dimensions of order.
The "forgotten rights" is such a rule. It often takes place in the primitive social order, relying on individual consciences, but it is often overlooked in the expansion of the order, because the abstraction of the extended order itself will forget the concreteness of many primitive orders. In the era of big data, the natural oblivion of the extended order will no longer exist. "The right to be forgotten" as a rule for the expansion of order was brought up as a jurisprudence by the European Court of Justice when dealing with relevant conflicts.
Obviously, it only serves as a specific rule to solve the conflict of order dimensions, rather than a highly abstract "right" with universal binding force. Perhaps it is called the "forgotten choice," and better reflects the intent of the European Court of Justice. Of course, if it is called "choice" and not "right," it cannot reflect the binding power of the European Court of Justice.
In fact, it is difficult for the Qing officials to break family chores because there is a conflict of order dimensions. Does the European Court of Justice have to do this? The lawsuit of a London businessman still feels very difficult for the court, even if the businessman quotes the jurisprudence of the European Court of Justice — he has “forgotten rights”. Because of the conflict of the order dimension, it has still not been resolved. For this case, the court judges had to rely on conscience to specifically consider the nature of the relevant information instead of directly using the "forgotten rights" decision.
□ Mao Shoulong (Executive Vice President, Institute of Public Policy, Renmin University of China)