LawTech.Asia

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Category: Regulations Page 1 of 10

Andrea Christine Suki: Law Reform Paper on Criminal Liability and Generative Artificial Intelligence

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On 20th November 2024

In Artificial Intelligence, Policy, Regulations

Reading time: 19 minutes

Written by Andrea Christine Suki | 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” existed. 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 Andrea Christine Suki, examines whether criminal law should evolve or adapt to mitigate a range of harms posed by generative AI, and seeks to provide recommendations where the existing criminal framework is found to be possibly inadequate.

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The Landscape of AI Regulation in the Asia-Pacific

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On 13th May 2024

In Artificial Intelligence, Policy, Regulations

Reading time: 32 minutes

Written by Alistair Simmons and Matthew Rostick | Edited by Josh Lee Kok Thong

Introduction

In recent months, many jurisdictions in the Asia-Pacific (“APAC”) have adopted or are considering various forms of AI governance mechanisms. At least 16 jurisdictions in APAC have begun some form of AI governance, and this number will likely continue to increase. This paper scans the different AI governance mechanisms across a number of APAC jurisdictions and offers some observations at the end. 

This paper segments AI governance mechanisms into four categories: Direct AI regulations are enforceable rules that regulate the development, deployment or use of AI directly as a technology, and consequently have regulatory impact across multiple sectors. Voluntary frameworks cover voluntary and non-binding guidance issued by governmental entities that directly address the development, deployment or use of AI as a technology. Indirect regulations (data & IP) are also enforceable legal rules but do not regulate the development, deployment or use of AI directly as a technology. They are rules of more general applicability that nevertheless have an impact on the development, deployment or use of AI. As the scope of this category is potentially broad, we have focused on data protection/privacy and intellectual property laws in this paper. Sector-specific measures refers to binding and non-binding rules and guidelines issued by sector regulators that are relevant to the development, deployment or use of AI in an industry. To avoid getting bogged down in the specifics of whether the rules and guidelines are technically binding or not, we have presented them together. Unlike the mechanisms addressed in the Sectoral Governance Mechanisms segment, the non-binding frameworks in this segment typically address the use of AI across multiple sectors.

For avoidance of doubt, this paper addresses legal governance mechanisms only. There may be other initiatives afoot to drive alignment and good practices from a technical perspective. We do not seek to address technical measures in this paper.

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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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Victoria Phua: Attributing electronic personhood only for strong AI? 

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On 30th June 2023

In Artificial Intelligence, Policy, Regulations

Reading time: 16 minutes

Written by Victoria Rui-Qi Phua | 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 Victoria Phua, puts forward an argument for attributing electronic personhood status for “strong AI”. According to her, algorithms trained by machine learning are increasingly performing or assisting with tasks previously exclusive to humans. As these systems provide decision making rather than mere support, the emergence of strong AI has raised new legal and ethical issues, which cannot be satisfactorily addressed by existing solutions. The ‘Mere Tools’ approach regards algorithms as ‘mere tools’ but does not address active contracting mechanisms. The ‘Agency’ approach treats AI systems as electronic agents but fails to deal with legal personality and consent issues in agency. The ‘Legal Person’ approach goes further to treat AI systems as legal persons but has drawn criticism for having no morality nor intent. To address the legal personality in strong AI, Victoria proposes to extend the fiction and concession theories of corporate personality to create a ‘quasi-person’ or ‘electronic person’. This is more satisfactory as it allows for a fairer allocation of risks and responsibilities among contracting parties. It also holds autonomous systems liable for their actions, thereby encouraging innovation. Further, it facilitates the allocation of damages. Last, it embodies the core philosophy of human-centricity.

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Cryptocurrency: Liability and Regulatory Issues

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On 16th October 2022

In Blockchain, Policy, Regulations

Reading time: 15 minutes

Written by Tan Yan Ru | 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 Tan Yan Ru, seeks to explore liability and regulatory issues around cryptocurrency. It begins by exploring how the two central characteristics of blockchain – decentralisation and pseudonymity raise liability and regulatory issues. It then examines existing measures taken by regulators and policymakers to address liability issues, while acknowledging increasing sophistication on the part of those seeking to evade these measures. Other measures, such as raising cryptocurrency literacy and setting up a cryptocurrency task force are examined. Moving on, it examines the existing regulatory conundrum arising from the use of cryptocurrencies. It is observed that current regulatory regimes appear to reflect an escalating legal arms race to be the first in coming up with a solution. Finally, the paper submits that regulatory issues may be resolved by the harmonisation of the various regulations with international institutions working together.

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