LawTech.Asia

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Brendan Tan: Is there such a thing as AI law?

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On 6th January 2025

In Artificial Intelligence, Data Privacy, Internet Governance, Policy, Regulations

Reading time: 20 minutes

Written by Brendan Tan Liang En | Edited by Josh Lee Kok Thong

LawTech.Asia is proud to collaborate with the Singapore Management University Yong Pung How School of Law’s LAW4060 AI Law, Policy and Ethics class. This collaborative special series is a collection featuring selected essays from students of the class. For the class’ final assessment, students were asked to choose from a range of practice-focused topics, such as writing a law reform paper on an AI-related topic, analysing jurisdictional approaches to AI regulation, or discussing whether such a thing as “AI law” exists. The collaboration is aimed at encouraging law students to analyse issues using the analytical frames taught in class, and apply them in practical scenarios combining law and policy.

This piece, written by Brendan Tan, argues that “AI law” as a body of law exists. In doing so, Brendan explores how “AI law” should be defined, and develops reasons on why “AI law” can be seen as a legitimate social construct.

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TechLaw.Fest 2024 Quick Chats: Chris Watson, Partner and Chair of Technology, Media and Communications, CMS

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On 22nd October 2024

In Internet Governance, Interviews, Law Firms, Lawyers

Reading time: 5 minutes

Written by Josh Lee Kok Thong

TechLaw.Fest 2024 Quick Chats: Chris Watson, Partner and Chair of Technology, Media and Communications, CMS

TechLaw.Fest 2024 (“TLF”) took place from 11 to 12 September 2024, positioning participants at the forefront of groundbreaking discussions at the intersection of law, technology and business. This year, LawTech.Asia received a special opportunity to interview Chris Watson, Partner and Chair, Technology, Media and Communications at CMS. This interview came shortly after Chris Watson’s fireside chat titled “Breaking Barriers: A Conversation with Chris Watson and Emma Watson on Diversity, Inclusion and the Future” with Emma Watson, writer, actress and activist (who joined the conference via audio call).

With his vast and extensive expertise, Chris offers invaluable insights on a myriad of issues around technology regulation. We sought his views on the evolving AI regulation landscape, cross-border legal challenges, and the important role young legal professionals play in shaping the future of law and technology.

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TechLaw.Fest 2023: This Is What’s Next

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On 8th November 2023

In Access to Justice, Artificial Intelligence, Data Privacy, Events, Immersive Technology / Metaverse, Internet Governance, Law Firms, Lawyers, Legal Hackers, Legal Innovation, Policy, Regulations

Reading time: 12 minutes

Written by Hannah Loo Yuet Ying and Leong Tzi An (Zaine) | Edited by Josh Lee Kok Thong

The theme of this year’s TechLaw.Fest is ‘This is What’s Next”’. I thought this is very apt in the realm of law and technology. Both are forward-looking, and multi-faceted that we constantly, even in practice, ask ourselves ‘what’s next’.

Second Minister for Law and Minister for Community, Culture and Youth Edwin Tong S.C.
Opening Remarks at TechLaw.Fest 2023

Introduction

Since the last edition of TechLaw.Fest in 2022, technology has developed at a rapid pace. It is now trite to say that technology touches every aspect of our lives. It has transformed, and continues to transform, how people work, interact and, play. This is not only embodied in the rise of large language models (“LLMs”) and generative AI applications such as ChatGPT, but also questions about the future of cryptocurrency, immersive technologies, and online safety. Amidst rapid technological developments on multiple fronts, it is important to have robust conversations on the workings of these technologies and their impact – positive or negative – on people and society. 

As one of Asia’s largest law and technology conferences, TechLaw.Fest is an important forum bringing together industry leaders, government, legal professionals, technologists, academics, and civil society to have these robust conversations. As the first fully physical rendition of the event since 2019, TechLaw.Fest 2023 brought together thought leaders from various domains to answer “what’s next” in the vast field of law and technology. This article aims to bring a glimpse into the key insights and themes discussed across both days of Singapore’s signature law and technology conference.

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Digging digital dirt: Rethinking the evidentiary landscape in the age of social media

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On 4th October 2022

In Data Privacy, Internet Governance, Policy, Regulations

Reading time: 13 minutes

Written by Sim Qian Hui | Edited by Josh Lee Kok Thong

We’re all law and tech scholars now, says every law and tech sceptic. That is only half-right. Law and technology is about law, but it is also about technology. This is not obvious in many so-called law and technology pieces which tend to focus exclusively on the law. No doubt this draws on what Judge Easterbrook famously said about three decades ago, to paraphrase: “lawyers will never fully understand tech so we might as well not try”.

In open defiance of this narrative, LawTech.Asia is proud to announce a collaboration with the Singapore Management University Yong Pung How School of Law’s LAW4032 Law and Technology class. This collaborative special series is a collection featuring selected essays from students of the class. Ranging across a broad range of technology law and policy topics, the collaboration is aimed at encouraging law students to think about where the law is and what it should be vis-a-vis technology.

This piece, written by Sim Qian Hui, seeks to demonstrates the need to rethink the evidentiary landscape in the age of social media. The use of social media evidence in court proceedings is plagued with uncertainty. By assuming that people present themselves in the same way online and offline, the courts misinterpret the relevance of certain types of social media posts.  The courts lack understanding on social media culture and draw mistaken inferences from common types of social media conduct. Further, the overly broad discovery of social media content violates an individual’s right to privacy. Accordingly, courts must consider the unique properties and social norms surrounding social media when utilising social media evidence. Given that social media has become part of today’s society, courts ought to ensure the continued relevance of the evidentiary regime. 

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Poon Chong Ming: Fake porn, real harm: Examining the laws against deepfake pornography in Singapore

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On 3rd October 2022

In Internet Governance, Policy, Regulations

Reading time: 15 minutes

Written by Poon Chong Ming | Edited by Josh Lee Kok Thong

We’re all law and tech scholars now, says every law and tech sceptic. That is only half-right. Law and technology is about law, but it is also about technology. This is not obvious in many so-called law and technology pieces which tend to focus exclusively on the law. No doubt this draws on what Judge Easterbrook famously said about three decades ago, to paraphrase: “lawyers will never fully understand tech so we might as well not try”.

In open defiance of this narrative, LawTech.Asia is proud to announce a collaboration with the Singapore Management University Yong Pung How School of Law’s LAW4032 Law and Technology class. This collaborative special series is a collection featuring selected essays from students of the class. Ranging across a broad range of technology law and policy topics, the collaboration is aimed at encouraging law students to think about where the law is and what it should be vis-a-vis technology.

This piece, written by Poon Chong Ming, seeks to examine the laws against deepfake pornography in Singapore. Despite years since the emergence of deepfake pornography, it remains inadequately dealt with by the law. As a result, deepfake pornography is proliferating with greater prominence, inflicting more and more harm on victims while leaving them without proper recourse. This paper attempts to look at the issue of deepfake pornography specifically within Singapore, in light of the stark increase of local sexual abuse cases involving technology. The paper first explains the need for a strong legal framework due to the nature of deepfake pornography (hyper-realism combined with ease of production). Subsequently, the paper proceeds to examine the efficacy of current laws in Singapore (civil, criminal, and regulatory measures) in dealing with deepfake pornography. Finally, by looking at measures taken in the United Kingdom, the paper will provide suggestions as to the direction of the law in Singapore, with the most viable recommendation being to build upon Sections 377BE and 377BD of the Penal Code. 

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