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The Epistemic Challenge Facing the Regulation of AI: LRD Colloquium Vol. 1 (2020/07)

Reading time: 25 minutes

Written by Josh Lee* and Tristan Koh**

Editor’s note: This article was first published by the Law Society of Singapore as part of its Legal Research and Development Colloquium 2020. It has been re-published with the permission of the Law Society of Singapore and the article’s authors. Slight adaptations and reformatting changes have been made for readability.

ABSTRACT

The increased interest in artificial intelligence (‘AI’) regulation stems from increased awareness about its risks. This suggests the need for a regulatory structure to preserve safety and public trust in AI. A key challenge, however, is the epistemic challenge. This paper posits that to effectively regulate the development and use of AI (in particular, deep learning systems), policymakers need a deep understanding of the technical underpinnings of AI technologies and the ethical and legal issues arising from its adoption. Given that AI technologies will impact many sectors, the paper also explores the challenges of applying AI technologies in the legal industry as an example of industry-specific epistemic challenges. This paper also suggests possible solutions: the need for interdisciplinary knowledge, the introduction of baseline training in technology for legal practitioners and the creation of a corps of allied legal professionals specialising in the implementation of AI.

Enhancing the development of legal technology in the region with new leading initiatives from the Asia-Pacific Legal Innovation and Technology Association

Reading time: 5 minutes

ALITA marks first anniversary

The Asia-Pacific Legal Innovation and Technology Association (ALITA) has marked its first anniversary with a slew of initiatives to further promote the development and implementation of legal tech in the region. These initiatives were announced at the final day of TechLaw.Fest 2020 and include:

  • State of Legal Innovation in Asia-Pacific (SOLIA) Report 2020: The SOLIA Report was first published in 2019 at Stanford University’s Future Law Conference, and then at TechLaw.Fest 2019. Building on these successes, the SOLIA 2020 Report contains several substantive improvements. These include covering new jurisdictions like Brazil, Indonesia and New Zealand, featuring updates from four regional law firms (Clifford Chance, Linklaters, Rajah & Tann and White & Case), and covering the impact that COVID-19 has brought to this sector. Much like a kaleidoscope, the SOLIA 2020 Report was made possible by contributors across APAC, and published in conjunction with the Singapore Management University School of Law, whose academic expertise was instrumental in putting the Report together. The Report may be accessed at https://bit.ly/solia2020.

TechLaw.Fest 2020 Quick Chats: Dr Ian Walden, Professor of Information and Communications Law at Queen Mary University of London; Director of Centre for Commercial Law Studies

Reading time: 8 minutes

Interview by Josh Lee, Lenon Ong and Elizaveta Shesterneva | Edited by Josh Lee

TechLaw.Fest 2020 (“TLF”) will take place online from 28 September – 2 October 2020, becoming the virtual focal point for leading thinkers, leaders and pioneers in law and technology. In the weeks leading up to TLF, the LawTech.Asia team will be bringing you regular interviews and shout-outs covering some of TLF’s most prominent speakers and the topics they will be speaking about.

This week, LawTech.Asia received the exclusive opportunity to interview Dr Ian Walden, Professor of Information and Communications Law and Queen Mary University of London and the Director of the Centre for Commercial Law Studies. Ian will be speaking at a panel on “Global Perspectives on Tackling AI Governance” on the second day of TLF (29 September 2020).

LawTech.Asia: Media Partner for TechLaw.Fest 2020!

Reading time: 2 minutes

We are proud to be recognised by the Singapore Academy of Law as an official media partner for TechLaw.Fest 2020!

TechLaw.Fest 2020 (held from 28 September to 2 October 2020) is a signature convention in Singapore that will be the focal point for leading thinkers, leaders and pioneers in law and technology.

Libra: Highlighting Regulatory Challenges for the Future of Cryptocurrencies

Reading time: 14 minutes

Written by Jaye Tan (Associate Author) | Mentored by Ong Chin Ngee | Reviewed by Ian Lee

LawTech.Asia is proud to conclude the second run of its Associate Author (Winter 2019) Programme. The aim of the Associate Authorship Programme is to develop the knowledge and exposure of student writers in the domains of law and technology, while providing them with mentorship from LawTech.Asia’s writers and tailored guidance from a well-respected industry mentor.

As part of a partnership with the National University of Singapore’s alt+law and Singapore Management University’s Legal Innovation and Technology Club, five students were selected as Associate Authors. This piece by Jaye Tan, reviewed by industry reviewer Ian Lee (Lead Investigator, Merkle Science), marks the second thought piece in this series. It examines the regulatory challenges of cryptocurrencies.

Abstract

In June 2019, Facebook announced that they were launching their own cryptocurrency Libra Coin under the Libra Association. Already facing governmental scrutiny over privacy issues over the social network, the announcement exacerbated intense attention from not only United States lawmakers and politicians, but the general public. On 23 October 2019, Mark Zuckerberg was subject to over six hours of questioning – elucidating the key concerns lawmakers have with regard to the regulation of cryptocurrencies. These regulatory challenges are not unique to the US, but apply worldwide to regulatory authorities dealing with the budding technology. With the legislation of the Payment Services Act, Singapore has set a regulatory framework which may be the leading framework for countries to adopt going forward.

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