Law Commons^™

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …

Blockchain Land Transfers: Technology, Promises, And Perils, Vincent Ooi, Kian Peng Soh, Jerrold Soh

Research Collection Yong Pung How School Of Law

The blockchain’s apparent immutability has attracted significant interest on whether it may be relied on for registering and transferring land. Proponents of blockchain-based land systems point toward data security, automated transacting, and improved accessibility as key benefits; critics raise concerns over structural vulnerabilities, such as majority attacks, and inconsistencies with existing legal frameworks. The literature, however, tends to conceptualise blockchain as one monolithic data structure invariably built on the same mechanisms powering Bitcoin. This paper seeks to situate the debate on a closer understanding of the range of blockchain implementations possible. To this end, we provide a detailed technological survey …

Walking A Tightrope In The Online Arena – Regulating The Freedom Of Expression, Yoong San Tan

Singapore Law Journal (Lexicon)

Accompanying the COVID-19 pandemic is the rise of online hate speech, where the Internet and social media platforms become convenient breeding grounds for prohibited speech. While there are existing liabilities imposed on Internet intermediaries to regulate the online arena, this article explores the shortcomings of such measures. It proposes other means to complement the efforts of the intermediaries in cultivating a safer online sphere for the freedom of expression.

Building Legal Datasets, Jerrold Soh

Research Collection Yong Pung How School Of Law

Data-centric AI calls for better, not just bigger, datasets. As data protection laws with extra-territorial reach proliferate worldwide, ensuring datasets are legal is an increasingly crucial yet overlooked component of “better”. To help dataset builders become more willing and able to navigate this complex legal space, this paper reviews key legal obligations surrounding ML datasets, examines the practical impact of data laws on ML pipelines, and offers a framework for building legal datasets.

Shifting Contour Of Data Sharing In Financial Market And Regulatory Responses: The Uk And Australian Models, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Starting from Directive 2015/2366 on Payment Services in the Internal Market — known as PSD II in the European Union (EU) — countries across the world have or are contemplating a new framework to govern data sharing among different players in the financial market. “Open Banking,” as this trend is called, requires or encourages — depending on the regulatory models adopted in different jurisdictions — banks to share consumer-permissioned banking data with third parties securely, in a form that facilitates its use. The Open Banking initiatives have diffused from the EU, and the UK, to elsewhere. The current Open Banking …

Towards A Data-Driven Financial System: The Impact Of Covid-19, Nydia Remolina

Centre for AI & Data Governance

The COVID-19 outbreak has a growing impact on the global economy and the financial sector, which plays a critical role in mitigating the unprecedented macroeconomic and financial shock caused by the pandemic. Given the unprecedented nature of the current crisis, financial regulators and supervisors, central banks, along with governments and legislatures face challenges to maintain financial stability, preserve the well-functioning core markets, and ensure the flow of credit to the real economy. Even though the COVID-19 has slowed down our daily lives and stopped the operation of many industries, it did not have the same effect in the data-driven finance …

Regulatory Approaches To Consumer Protection In The Financial Sector And Beyond: Toward A Smart Disclosure Regime?, Nydia Remolina, Aurelio Gurrea-Martinez, Yvonne Ai-Chi Loh, David R. Hardoon

Centre for AI & Data Governance

Traditionally, consumer and data protection policies evolved from issues of consent and information disclosure. The purpose of these regulatory approaches is the protection of consumers by reducing some contracting failures, such as asymmetries of information and a lower bargaining power, especially in transactions involving complex issues such as financial products and sensitive personal data. In the past, regulators have responded to privacy and consumer protection by adopting what this paper refers to as an “imperfectly informed regime”, in which consumers do not receive full information about the risks associated with their decisions, even if they are still protected through a …

Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina

Centre for AI & Data Governance

As the COVID-19 health pandemic ebbs and flows world-wide, governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have capacity to amass and share personal data for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside times of real and present personal danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission (provided that the technology …

Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham

Research Collection Yong Pung How School Of Law

As the COVID-19 health pandemic rages governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have the capacity to amass personal data and share for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside such times of real and present danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission, this paper argues that this infrastructure …

Global Challenges And Regulatory Strategies To Fintech, Aurelio Gurrea-Martinez, Nydia Remolina

Centre for AI & Data Governance

The rise of new technologies has changed the operation, regulation and supervision of financial markets, bringing new challenges and opportunities for consumers, regulators, and financial institutions. This Article seeks to explore the most common regulatory strategies used by financial regulators around the world to address the challenges associated with the rise of fintech. These strategies include the imposition of bans, regulatory passivity, adoption of new legislation, permission on a case by case basis, and more interactive approaches such as innovation offices, accelerators and sandboxes. This Article argues that the adoption and desirability of each regulatory approach will depend on a …

Open Banking: Regulatory Challenges For A New Form Of Financial Intermediation In A Data-Driven World, Nydia Remolina

Centre for AI & Data Governance

Data has taken immense importance in the last years. Consider the amount of data that is being collected worldwide every day, industries are reshaping their activities into a data-driven business. The digital transformation of all industries, portent of the fourth industrial revolution, is creating a new kind of economy based on the datafication of almost any aspect of human social, political and economic activity as a result of the information generated by the numerous daily routines of digitally connected individuals and technology. The financial services industry is part of this trend. Embracing the digital revolution and creating the right foundations …

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.

Singapore's Latest Efforts At Regulating Online Hate Speech, Siyuan Chen, Chen Wei Chia

Research Collection Yong Pung How School Of Law

The introduction of the Protection from Online Falsehoods and Manipulation Act (POFMA) has been generating considerable debate and feedback. Some of the concerns raised include whether the bill unduly restricts the freedom of expression. In focusing on the hate speech provisions of the POFMA, this legislation comment situates the criticisms within the larger framework of international human rights law and international practices and proposes some ways forward to improve the regulatory framework for online hate speech.

Search Engines And Internet Defamation: Of Publication And Legal Responsibility, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

When the Internet user keys a search term and clicks “enter”, a series of snippets, images and html links will appear typically running into several web pages. In the case of Autocomplete suggestions, the result appearing on the bar changes with each keystroke even before the user clicks “enter”. As a result, in the course of finding search results from the original search term, the user is constantly provided with suggestions of other search terms. The search results and Autocomplete suggestions may be defamatory of individuals and businesses by associating them with dishonest and improper activities or conduct. Should search …

Of Facts And Falsehoods, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan shared his views on the proposed Protection from Online Falsehoods and Manipulation Bill (POFMB). He surmised that POFMB is “a necessary but insufficient tool” against the scourge of “fake news” and that it must be applied sensitively in order not to undermine but enhance Singaporeans’ resilience and bottom-up drive to fight deliberate harmful falsehoods.

Taxation Of Automation And Artificial Intelligence As A Tool Of Labour Policy, Vincent Ooi, Glendon Goh

Centre for AI & Data Governance

Rapid developments in automation technology pose a risk of massdisplacement of human labour, resulting in the need to support and retraindisplaced workers (a negative externality). We propose an “automation tax”that would slow the adoption of automation technology in appropriatecircumstances, giving workers and social support systems time to adapt. Thiscould be easily implemented through changes to the existing schedular systemof depreciation/ capital allowances, reducing the uncertainty of its applicationand implementation costs. Such a system would be flexible enough to keepup with rapid technological developments. Two main dimensions may beadjusted to produce intended distortionary effects: 1) accelerated depreciation,and 2) bonus depreciation. While …

Taxation Of Automation And Artificial Intelligence As A Tool Of Labour Policy, Vincent Ooi, Glendon Goh

Research Collection Yong Pung How School Of Law

Rapid developments in automation technology pose a risk of mass displacement of human labour, resulting in the need to support and retrain displaced workers (a negative externality). We propose an “automation tax” that would slow the adoption of automation technology in appropriate circumstances, giving workers and social support systems time to adapt. This could be easily implemented through changes to the existing schedular system of depreciation/ capital allowances, reducing the uncertainty of its application and implementation costs. Such a system would be flexible enough to keep up with rapid technological developments. Two main dimensions may be adjusted to produce intended …

Whole-Of-Society Approach Needed Against Truth Decay, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that technology has compounded the problem of fake news and that governments and legislation are not the only means to curb them. This is especially so when blunt legislation may end up eroding the fundamental liberty of freedom of speech and expression. He sought the use of a multi-pronged, multi-stakeholder approach against disinformation campaigns and with trusted sources of information being boosted to produce real information for the public.

Whole-Of-Society Approach Needed Against Truth Decay, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In an age of pervasive informationflows, governments do not defeat fake news. It's the people as a society whodo.The threatof deliberate falsehoods, or more popularly "fake news", posesserious threats to the democratic wellbeing of societies. The marketplace ofideas increasingly suffers from truth decay, propagated online or offline,imperilling an already vulnerable information ecosystem. In turn,this compromises the functioning of a democracy, which is premised on citizenshaving a shared reality rather than multiple distorted realities.

Building An Informed Citizenry In The Battle Against Disinformation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that the report of the Select Committee on Deliberate Online Falsehoods affirms a veritable truth: that the best antidote against weaponised falsehoods is an informed citizenry. However, he noted that this recommendation to nurture well-informed citizens is also likely to be the most challenging to realise the desired outcomes. An informed public will take a substantial period of time to evolve. He also cautioned the need for judicial oversight over severe powers that might abuse freedom of speech and expression and recognise that a government of the day may …

Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

This comment considers the CJEU’s recent decision in Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634, concerning the legality of reposting copyright-protected material on the Internet. Notably, the earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.

Data Protection In The Internet: National Rapporteur (Singapore), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

National report on Singapore's data protection laws, including the Personal Data Protection Act, and how data protection laws are implemented and enforced in Singapore.

Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions: 1. Do these forms of online activity constitute acts of communication (or making available) in the first instance? 2. Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It …

Proposed Law Must Balance Effectiveness And Liberties, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that it is important to have dedicated laws to deal with the evolving threat of fake news in Singapore. As the issue of fake news and online misinformation is rather broad, it would be practical for the Select Committee to focus on one aspect of it: that is, the spread of false or misleading information resulting from a coordinated effort whether as a matter of statecraft or for the purpose of making profits. This sends a clear signal that any law to be considered is targeted and will be …

Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik

Research Collection Yong Pung How School Of Law

If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding …

Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang

Research Collection School Of Computing and Information Systems

In this paper, we estimate the impact of enforcing the Convention on Cybercrime (COC) on deterring distributed denial of service (DDOS) attacks. Our data set comprises a sample of real, random spoof-source DDOS attacks recorded in 106 countries in 177 days in the period 2004-2008. We find that enforcing the COC decreases DDOS attacks by at least 11.8 percent, but a similar deterrence effect does not exist if the enforcing countries make a reservation on international cooperation. We also find evidence of network and displacement effects in COC enforcement. Our findings imply attackers in cyberspace are rational, motivated by economic …

Making Sense Of Virtual Assets, Singapore Management University

Research@SMU: Connecting the Dots

Professor Kelvin Low’s research shows that the legal rights of people who own some intangible assets are sometimes remarkably ill-defined and poorly studied.

See the papers:

• Carbon credits as EU like it: Property, immunity, tragiCO2medy?
• Legal risks of owning cryptocurrencies

When Punches Fly In Cyberspace, Singapore Management University

Research@SMU: Connecting the Dots

Professor Gary Chan examines how legal practice has changed in response to the Internet and technology.

See his papers:

• Case Comment: Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another [2015] SGHC 38
• Reputation and defamatory meaning on the Internet: Communications, contexts and communities;
• Defamation via hyperlinks: More than meets the eye

See his books:

• Tort of defamation before the Singapore Courts, 1965-2015: A comparative and empirical study
• The law of torts in Singapore
• Ethics and social responsibility: Asian and Western perspectives
• The legal system of Singapore: Institutions, principles and practices

Private Lawmaking In Commercial Cyberspace, Eliza Mik

Research Collection Yong Pung How School Of Law

No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …

Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Being a hyper-connected society, our national security is also increasingly being redefined by threats in the cyberspace. Cyberattacks have evolved from a nontraditional security threat to a new domain of intense conflict, involving deception and sabotage.