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Articles 61 - 88 of 88
Full-Text Articles in Science and Technology Law
Attribution Of Civil Liability For Accidents Involving Automated Cars, Siyuan Chen, Jie Hao Sampson Lim, Beverly Kai Li Lim
Attribution Of Civil Liability For Accidents Involving Automated Cars, Siyuan Chen, Jie Hao Sampson Lim, Beverly Kai Li Lim
Research Collection Yong Pung How School Of Law
With the much-anticipated revolution in autonomous (or “self-driving”) cars fast becoming reality, the Singapore Academy of Law’s Law Reform Committee (‘LRC’) has considered how liability should be attributed in the event of accidents involving such cars, and the issues that may arise in seeking to apply existing liability frameworks.
Rethinking Mistake In The Age Of Algorithms, Vincent Ooi, Kian Peng Soh
Rethinking Mistake In The Age Of Algorithms, Vincent Ooi, Kian Peng Soh
Research Collection Yong Pung How School Of Law
In our previous note: Cryptocurrencies and Code before the Courts ((2019) 30(3) King’s Law Journal 331 - 337), we discussed the Singapore International Commercial Court (High Court)’s decision in B2C2 Ltd v Quoine Pte Ltd. The case subsequently went on appeal, and the Singapore International Commercial Court (Court of Appeal), by a majority, affirmed the decision of the lower court in Quoine v B2C2 (“Quoine”). The case of Quoine represents the first time an apex court in the Commonwealth has ruled on the applicability of contractual principles to situations involving automated trading software. In our recent case note: Rethinking Mistake …
What Does The Digital Revolution Mean For Legal Education?, Emma Ziercke, Dirk Hartung, Klaus-Stefan Hohenstatt
What Does The Digital Revolution Mean For Legal Education?, Emma Ziercke, Dirk Hartung, Klaus-Stefan Hohenstatt
Research Collection Yong Pung How School Of Law
The general consensus amongst legal thought leaders is that legal education needs to be re-designed to, amongst other things, reflect the digital transformation of the legal industry. This opinion exposes the long-standing tension between academic learning and vocational learning in the legal profession. Technology cannot be ignored, but where to begin? What do lawyers actually need to know about technology? To answer this question, we have to understand what it means to “be a lawyer” in the twenty-first century. Technology is multi-dimensional and encompasses lawyers as users of technology, as advisers for new legal issues that stem from the application …
Artificial Intelligence And Global Trade Governance: A Pluralist Agenda, Han-Wei Liu, Ching-Fu Lin
Artificial Intelligence And Global Trade Governance: A Pluralist Agenda, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
This Article is the first of its kind to map out imminent challenges facing the World Trade Organization (WTO) against the emergence of artificial intelligence. It does so by examining critically AI’s normative implications for four issue areas—robot lawyers, automated driving systems, computer-generated works, and automated decision-making processes. By unpacking the diverse governance approaches taken in addressing these issues, this Article highlights the underlying economic, societal, cultural, and political interests in different jurisdictions and identifies the growing normative relevance of global legal pluralism. In light of the changing fabric of international law, this Article seeks to reconceptualize AI and global …
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
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 …
Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong
Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong
Research Collection Yong Pung How School Of Law
A guide intended to accelerate sensemaking in discussions involving Rules as Code. Without a common frame of reference, project stakeholders risk talking at cross purposes. Stakeholders contemplating a “digital transformation” project in the legal domain, such as a “Rules as Code” exercise or a RegTech / SupTech proof-of-concept, may find this document useful to agree on a common vocabulary to facilitate discussion and planning. To that end, this document classifies “digital transformation” of legal rules into a hierarchy of levels which can be included as terms of reference in planning discussions. While this document is informed by academic discourse, it …
Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh
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
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 …
Beyond State V Loomis: Artificial Intelligence, Government Algorithmization And Accountability, Han-Wei Liu, Ching-Fu Lin, Yu-Jie Chen
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 …
Property In Digital Coins, J.G. Allen
Property In Digital Coins, J.G. Allen
Research Collection Yong Pung How School Of Law
Digital coins have burst into mainstream awareness recently, mainly as a result of high-worth ‘Initial Coin Offerings’ (‘ICOs’). The most immediate question in the legal treatment of digital coins is whether they are properly seen as digital ‘commodities’, and/or as ‘securities’, and/or as units of ‘money’. But the conceptual underpinnings of these categories are not clear, nor is it clear how these categories relate to each other; no legal system currently deals adequately with incorporeal objects as objects of property law. This category includes not only digital coins but also some forms of conventional money and securities. Establishing a satisfactory …
Singapore's Consistent, Agile Support For Innovation And Ip In A Digital Age, Sam Sim, Vincent Ooi
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.
Disruptive Technologies And Sustainable Development: Implications For Southeast Asia, Ching-Fu Lin, Han-Wei Liu
Disruptive Technologies And Sustainable Development: Implications For Southeast Asia, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Disruptive technologies, including artificial intelligence, distributed ledger technologies, and the internet of things, are driving a transformative reorganisation of economic structures. If correctly harnessed, these emerging technologies have the potential to assist economies in creating new efficiencies, boosting productivity, and enhancing international trade. This paper explores the scope for these technologies to contribute to sustainable development, highlighting how they could be deployed and implications for Cambodia, Lao PDR, Myanmar, and Vietnam.
Legal Operations: Getting More From In-House Legal Departments And Their Outside Counsel, Christian Veith, Nora Tophof, Tessia Tober, Meinhard Weizmann, Markus Hartung, Dirk Hartung
Legal Operations: Getting More From In-House Legal Departments And Their Outside Counsel, Christian Veith, Nora Tophof, Tessia Tober, Meinhard Weizmann, Markus Hartung, Dirk Hartung
Research Collection Yong Pung How School Of Law
Legal departments today face multiple daunting challenges—including rising volumes and complexity of legal work and pressure to reduce costs. To manage these challenges, more organizations are establishing legal operations teams. Understanding what legal operations does—and how—can help legal de-partments to efficiently deliver measurable business results and their counsel tobetter serve their clients.What Does Legal Operations Do? Five Strategic Activities Analysis of legal operations frameworks—as defined by the Corporate Legal Operations Consortium and the Association of Corporate Counsel—in this study indicates that the best legal operations teams excel at five strategic activities: (1) vendor, (2) risk, (3) knowledge, (4) finance/budgeting, and …
Lawstats – Large-Scale German Court Decision Evaluation Using Web Service Classifiers, Eugen Ruppert, Dirk Hartung, Phillip Sittig, Tjorben Gschwander, Lennart Rönneburg, Tobias Killing, Chris Biemann
Lawstats – Large-Scale German Court Decision Evaluation Using Web Service Classifiers, Eugen Ruppert, Dirk Hartung, Phillip Sittig, Tjorben Gschwander, Lennart Rönneburg, Tobias Killing, Chris Biemann
Research Collection Yong Pung How School Of Law
LawStats provides quantitative insights into court decisions from the Bundesgerichtshof - Federal Court of Justice (BGH), the Federal Court of Justice in Germany. Using Watson Web Services and approaches from Sentiment Analysis (SA), we can automatically classify the revision outcome and offer statistics on judges, senates, previous instances etc. via faceted search. These statistics are accessible through a open web interface to aid law professionals. With a clear focus on interpretability, users can not only explore statistics, but can also understand, which sentences in the decision are responsible for the machine’s decision; links to the original texts provide more context. …
"Rule Of Trust": The Power And Perils Of China's Social Credit Megaproject, Yu-Jie Chen, Ching-Fu Lin, Han-Wei Liu
"Rule Of Trust": The Power And Perils Of China's Social Credit Megaproject, Yu-Jie Chen, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Emerging as a comprehensive and aggressive governance scheme in China, the “Social Credit System” (SCS) seeks to promote the norms of “trust” in the Chinese society by rewarding behavior that is considered “trust-keeping” and punishing those considered “trust-breaking.” This Article closely examines the evolving SCS regime and corrects myths and misunderstandings popularized in the international media. We identify four key mechanisms of the SCS, i.e., information gathering, information sharing, labeling, and joint sanctions, and highlight their unique characteristics as well as normative implications. In our view, the new governance mode underlying the SCS—what we call the “rule of trust”—relies on …
Governing Science And Technology In The Era Of Megaregionals, Shin-Yi Peng, Han-Wei Liu, Ching-Fu Lin
Governing Science And Technology In The Era Of Megaregionals, Shin-Yi Peng, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more …
Eyes In The Sky, Concerns On The Ground, Siyuan Chen, Zi En Chow
Eyes In The Sky, Concerns On The Ground, Siyuan Chen, Zi En Chow
Research Collection Yong Pung How School Of Law
In the last few years, drones have literally taken flight in our skies, over our parks, our beaches –and even over our homes. Aerial imaging enthusiasts are thrilled about their impact, while thosewho have privacy concerns may have some reservations.But while consumer-level drones do not make the best spies – they’re noisy, conspicuous, have ashort battery-life, are vulnerable to jamming and have limited telephoto capability – this maychange over time. With that in mind, we need to consider whether the existing causes of actionprovide any relief in law and, if they do not, how governments can regulate drones in a …
The Future Of Law Conference 2017: Charting The Converging Paths Of Law And Technology, Jerrold Tsin Howe Soh, Amelia Chew
The Future Of Law Conference 2017: Charting The Converging Paths Of Law And Technology, Jerrold Tsin Howe Soh, Amelia Chew
Research Collection Yong Pung How School Of Law
Jointly organised by the Centre for Cross-Border Commercial Law in Asia at the Singapore Management University (SMU) School of Law and Osborne Clarke, the inaugural Future of Law Conference that took place from 26 to 27 October 2017 brought together leading academics and practitioners from around the world to tackle issues at the intersection of law and technology. This article provides but a snippet of the insights discussed at the conference.
Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan
Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan
Research Collection Yong Pung How School Of Law
In a joint commentary, SMU Academic Director (MSc in Innovation) and Professor of Organisational Behaviour and Human Resources (Education) Thomas Menkhoff; SMU Associate Professor of Law Eugene Tan; and SMU LKCSB Adjunct Faculty Kan Siew Ning, highlighted that the University recently launched an inter-disciplinary course on emerging technology, focusing on unmanned aerial vehicles (UAV or drones), robotics, and artificial intelligence (AI). One key learning outcome is to enable students to appreciate, in a multi-disciplinary setting, the huge business potential of emerging technology in diverse areas - such as logistics, supply chain management, transportation, search and rescue, military, and scientific studies. …
The Legality Of Data Residency Requirements: How Can The Trans-Pacific Partnership Help?, Shin-Yi Peng, Han-Wei Liu
The Legality Of Data Residency Requirements: How Can The Trans-Pacific Partnership Help?, Shin-Yi Peng, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Article 14.13 of the Trans-Pacific Partnership (TPP) Agreement – the data localization (DL) clause – represents the first time that a far-reaching preferential trade agreement (PTA) seeks to reduce protectionism arising from data residency (DR) requirements. The DL clause, however, is linked to a loose GATT Article XX-like exception: Article 14.13(3)(b), which allows the parties to maintain DR measures to achieve a legitimate public policy objective as long as the measure in question can satisfy the ‘necessity test’. The ambiguity of the DL exception will be clarified by TPP tribunals when a real dispute occurs. After examining the rationales of …
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan noted that 2016 will probably be remembered as the year of the populist revolt against the elites, against the backdrop of bewildering disruptions and an abiding sense of displacement and control accentuated by technological advancements. He highlighted that the critical challenge is to bring trust back into the core of the relationship between those in power and the masses, adding that governments need to purposively deal with people's resentments, fury and fears.
How Legal Technology Will Change The Business Of Law, Christian Veith, Michael Bandlow, Michael Harnisch, Hariolf Wenzler, Markus Hartung, Dirk Hartung
How Legal Technology Will Change The Business Of Law, Christian Veith, Michael Bandlow, Michael Harnisch, Hariolf Wenzler, Markus Hartung, Dirk Hartung
Research Collection Yong Pung How School Of Law
Powerful forces are reshaping the corporate legal-advice market, including price pressurefrom clients and the digitization of legal data. Legal-technology solutions can help law firmssucceed in this new era, but only if they understand the tech landscape and redefine keyelements of their business model.Mapping the Legal-Tech LandscapeThe legal-tech landscape comprises three solution categories: enabler technologies facilitating the digitization of legal data, support-process solutions infusing new efficiencies intocase-management and back-office work, and substantive law solutions supporting or replacing lawyers in executing core legal tasks in transactions and litigation cases.Legal Tech’s Impact—Today and TomorrowWhile legal tech began with the automation of standard legal …
The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik
The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik
Research Collection Yong Pung How School Of Law
Online businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process, …
“Where Does A Wise Man Hide A Leaf?” : Modernising The Laws Of Disclosure In The Information Age, Denise Huiwen Wong
“Where Does A Wise Man Hide A Leaf?” : Modernising The Laws Of Disclosure In The Information Age, Denise Huiwen Wong
Research Collection Yong Pung How School Of Law
Litigation practice has been significantly altered by the advent of electronically stored information in daily corporate life. It is argued that the laws of disclosure should be updated to recognise that technology-assisted document review via keyword searching is crucial in ensuring that the costs of litigation are well managed. In order to facilitate keyword searching, a new legal concept of accuracy in the selection of keywords should be introduced into the laws of disclosure. At the same time, despite the adversarial nature of litigation, it is imperative that parties approach electronic disclosure with a spirit of collaboration in order to …
E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
Research Collection Yong Pung How School Of Law
Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to "everything Internet" (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. …
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects, is a fast-fading myth (Damasio 1994, 1999, BenZion 2010).This new paradigm for understanding and experiencing the world has profound implications for our approach …
Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu
Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
Where intellectual property rights (IP) owned by dominant undertakings are indispensable and impossible for other market players to replicate or acquire, the refusal to grant license to use such IP may cause serious harm to vital public interests, such as the supply of life-saving drugs, of technology that protects the environment, the compliance with de jure or de facto industry standards and the preservation of competition in markets with network effects or strong need for compatibility and interoperability
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In an effort to become an industrialized country, Taiwan, the Republic of China (ROC) has relied heavily on technology transfers and investment from abroad. The Taiwanese government adopted a heavy-handed policy of regulating investments made by foreigners and overseas Chinese in 1954. These policies include the Foreigner Investment Act (FIA) and the Overseas Chinese Investment Act (OCIA), which require all foreigners and overseas Chinese to obtain the Ministry of Economic Affairs (MOEA) approval prior to making any investments.1 Such investments may also be in the form of patents, trademarks, copyright, know-how, and other intellectual property (IP).2 In 1962, the Technology …