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Tag: POFMA

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

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.

Criminalising Offensive Speech Made by AI Chatbots in Singapore

Reading time: 16 minutes

Written by Loh Yu Tong | 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 Loh Yu Tong, demonstrates how Singapore’s present criminal framework is ill-prepared to address offensive speech made by autonomous AI chatbots. The author examines the possible regulatory challenges that may arise, and identifies a negligence-based framework – under which a duty of care is imposed on developers, deployers and malicious third-party interferes – to be preferable over an intent-based one. Other viable solutions include employing regulatory and civil sanctions. While AI systems are likely to become more complex in the future, the author holds out hope that Singapore’s robust legal system can satisfactorily balance the deterrence of harm against the risk of stifling innovation.

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