Stephen Kershnar
China’s Social
Credit System
Dunkirk-Fredonia
Observer
November 29, 2020
The Chinese government is
implementing a nationwide social credit system. The system is troubling.
The social credit system tracks a
person and assigns him a score. The score is supposed to measure his
trustworthiness. The Chinese government has already implemented this system
regionally and will likely implement it nationally in the near future. The Chinese
government’s and its companies’ use of mass surveillance technology allows them
to collect a lot of information on the Chinese people. The technology includes
artificial intelligence, big data, and facial recognition technology.
The system gives those people who
engage in anti-social behavior a low score. Examples include violating laws or
rules of etiquette with regard to bills, dogs, garbage, identification cards, mass
transportation, reservations, and traffic. Specific examples include eating on
mass transit, failing to properly separate one’s garbage, failing to visit
one’s elderly parents, jaywalking, making reservations at hotels or restaurants
and not showing up, not cleaning up after one’s dog, and running red lights.
The government
blacklists those with low scores. It then prevents blacklisted people from
buying airline and train tickets and getting fast internet, jobs, loans, and
visas. It also prevents children of blacklisted parents from attending various
schools and universities. For example, the National Development and Reform
Commission of China reports that blacklisting resulted in the denial of 27
million attempts to purchase plane tickets and 6 million attempts to buy train
tickets. Buses and movie theaters display the names and faces of blacklisted
individuals. This resembles the Two Minutes Hate in George Orwell’s dystopian
novel 1984. The government also uses low scores to tighten its repression
of various minorities, such as the Muslims Uighurs.
The system gives
out high scores for pro-social behavior. People with high scores are more
likely to get some jobs. They also get reduced waiting time at hospitals and
government agencies.
Russia plans to
implement a similar system.
Among the interesting issues is whether
this system is wrong or bad. Peking University’s Kui Shen argues that the
policy is wrong because it violates people’s rights, specifically, their rights
to dignity, privacy, and reputation. A problem with the Chinese system is that
the government assigns scores and determines rewards and punishments. This
exceeds a government’s legitimate authority. Still, one can imagine corporations
implementing a nearly identical system. On a side note, there was little, if
any, pushback when Democratic Presidential candidate Bernie Sanders proposed
that the government take over credit scores and adjust them for social-justice
purposes.
The problem with Shen’s argument is
that people do not have a right to dignity, privacy, or reputation. The notion
that a person has dignity means, roughly, that he merits respect. The problem
is that in terms of policy, we respect someone when, and only when, we do not
infringe his rights. Hence, respecting someone’s dignity amounts to respecting
his rights. As a result, there is no distinct right to dignity and the appeal
to it is empty.
The purported
right to privacy is no more than a claim that a person’s rights to his body and
property be respected. It is disrespected in cases of burglary, trespass, warrantless
searches, and so on. Again, it is not a distinct right so much as a label for a
grab bag of other rights.
The purported right
to a reputation is a right that others not talk or write about a person in an
objectionable way. Leaving aside defamation, there is no right that others talk or write about
someone in a particular way. The gossips at church and temple do not trample on
anyone’s rights.
Writing in The
Hill, Tyler Grant, argues that the social credit system is wrong because it
is totalitarian. He notes that it resembles Orwell’s 1984 dystopian
world. This certainly tracks our intuitions. Grant notes that the West has the
machinery to implement such a system because corporations already collect a
large amount of data on us. They also censor us. Consider that Big Tech recently
censored those who sent out disapproved messages about COVID-19, election
fraud, and Hunter Biden.
The problem is
that the system can be implemented through methods that individually do not
infringe anyone’s right. For example, in the US, a person gets a financial
credit score. A person’s debt level and payment history determine his score. A
score gets lowered due to bankruptcy, foreclosures, and repossessions. This
score affects a person’s access to insurance, jobs, and loans. While it does
not currently affect things such as airplane tickets or university admissions, it
is hard to see what is wrong with additional companies using these scores. The
scoring companies would likely argue that the widespread use of such scores
would discourage people from defaulting on their credit-card bills and college
loans.
Even more
disturbing is that a credit score could be widened to penalize someone for associating
with the wrong people or expressing the wrong ideas. Consider bar associations.
In 1998, the Illinois bar association prevented Mathew Hale from practicing law
in Illinois because he was a member of the Klu Klux Klan. He had already
graduated from law school, passed the bar, and agreed to follow the bar
association’s rules. In 1961, the Supreme Court in Konigsberg v. State Bar
of California (1961) held that state bar associations could refuse to admit
a person to the bar because he has a bad moral character. If state bar
associations may take a person’s views or character into account, it is unclear
why credit-scoring companies may not do so.
France, Germany,
and the United Kingdom fine and imprison people for hate speech. It seems a
small step for criminalized speech to also affect people’s credit scores.
While the Chinese
social credit system is totalitarian and incredibly troubling, it is difficult
to see exactly what is wrong with it. It is worrisome that much of what is
going on in the West might serve as a precedent for a social credit system here.