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Full-Text Articles in Law

Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh Nov 2019

Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh

Research Collection Yong Pung How School Of Law

In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an afterthought. B2C2 Ltd v Quoine Pte Ltd (‘B2C2’)1 may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court (‘SICC’), seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in the context where an automated contract-forming software …


Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh Sep 2019

Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh

Research Collection Yong Pung How School Of Law

In the rapidly developing cyber sphere of e-commerce and Fintech, dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments, leaving the law behind as an afterthought. However, the case of B2C2 Ltd v Quoine Pte Ltd (“B2C2”) may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court, seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in …


How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Josephine Seah Aug 2019

How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Josephine Seah

Centre for AI & Data Governance

The following research piece explores how Singapore is addressing the AI Governance discussion. First, the document broadly provides some background to the Singapore’s AI strategy; second, it explains exactly what the Model AI Governance Framework is and how Singapore is addressing the AI Governance discussion; third, it compares Singapore’s approach with other jurisdictions’ and how important it is to contribute to the international debate on AI governance; and fourth, the document mentions some challenges ahead and observations on what is missing from current conversations about AI.


Data Regulation With Chinese Characteristics, Henry S. Gao Aug 2019

Data Regulation With Chinese Characteristics, Henry S. Gao

Centre for AI & Data Governance

Data regulation has become a key issue in today’s world. For various reasons, however, it has been challenging to understand data regulations in China, home to the largest e-commerce market in the world. This paper traces the evolution of data and Internet regulation in China, from the early days of the Chinese Internet, to the regulatory turf wars among different agencies, and all the way to the elevation of data and Internet regulation to the level of national security and the rise of a super-agency in charge of the issue in recent years. The paper argues that, the Chinese Internet …


Beyond State V Loomis: Artificial Intelligence, Government Algorithmization And Accountability, Han-Wei Liu, Ching-Fu Lin, Yu-Jie Chen Jun 2019

Beyond State V Loomis: Artificial Intelligence, Government Algorithmization And Accountability, Han-Wei Liu, Ching-Fu Lin, Yu-Jie Chen

Research Collection Yong Pung How School Of Law

Developments in data analytics, computational power and machine learning techniques have driven all branches of the government to outsource authority to machines in performing public functions—social welfare, law enforcement and, most importantly, courts. Complex statistical algorithms and artificial intelligence (AI) tools are being used to automate decision-making and are having a significant impact on individuals’ rights and obligations. Controversies have emerged regarding the opaque nature of such schemes, the unintentional bias against and harm to under-represented populations, and the broader legal, social and ethical ramifications. State v Loomis, a recent case in the USA, well demonstrates how unrestrained and unchecked …


Singapore's Consistent, Agile Support For Innovation And Ip In A Digital Age, Sam Sim, Vincent Ooi Apr 2019

Singapore's Consistent, Agile Support For Innovation And Ip In A Digital Age, Sam Sim, Vincent Ooi

Research Collection Yong Pung How School Of Law

Singapore has been agile in refining its support for companies investing in the acquisition, development, enhancement and exploitation of intellectual property rights, which is the key to innovation in the digitalised economy of the future.Sam Sim and Vincent Ooi outline the main tax measures announced in recent budgets.


Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi Feb 2019

Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi

Centre for AI & Data Governance

A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the …