Category Archives: Law & Technology

The Geopolitics of AI Governance: From Cooperation to Competition, and a Path to Stability

Law & Technology, Public International Law

For much of its initial stages, global AI governance has been shaped by the challenge of balancing three core elements: economic growth, technological development and integration, and fundamental rights. While the pursuit of AI innovation and development has carried with it elements of economic progress and competition, these have been traditionally framed within a broader context of ethical considerations and societal well-being. This conversation has now shifted. The dynamics of AI governance have transformed, as global AI policy has become increasingly influenced by national security and economic competitiveness factors. These two teleological pillars are now dominant forces driving regulation and shaping the future of AI.

Law and Technology in Singapore: Reflections on a Second Edition

Law & Technology

When my co- editors (Goh Yihan and Andrew Phang) and I began work on the first edition of Law and Technology in Singapore, two forces loomed large. One was the steady advance of technology into nearly every aspect of daily life. The other was the COVID-19 pandemic, which starkly illustrated the risks of a legal profession—and a legal system—unprepared for digital disruption. That edition sought to offer a primer for students and practitioners, mapping the evolving interface between law and technology in Singapore.

Good Administration in AI-enhanced EU Banking Supervision: A Risk-based Approach

Artificial intelligence, Banking and Finance, Law & Technology

In a co-authored article with Pedro M. Batista and Georg Ringe, ‘Good Administration in AI-enhanced Banking Supervision: A Risk-based Approach’, recently published in the Columbia Journal of European Law, we investigate the legal and regulatory challenges of adopting supervisory technology (SupTech), particularly AI-related technologies, by EU banking supervisors. This research makes a significant contribution in furthering the development of the emerging interdisciplinary field at the intersection of AI, administrative law, and banking regulation.

Autonomous Vehicles and Insurance Law Principles

Insurance Law, Law & Technology

The advent of autonomous vehicles (‘AVs’) will disruptively transform the motor insurance sector. Traditional motor insurance in Singapore rests on the public policy of ensuring adequate coverage for all victims in road accidents. With AVs challenging the orthodox foundations of motor insurance, however, existing insurance doctrines will have to evolve to grapple with unfamiliar risks. We examine this in our article ‘Autonomous Vehicles and Insurance Law Principles: Navigating New Frontiers in Singapore’ published in the Singapore Academy of Law Journal.

The Nature of Property in Cryptoassets

Law & Technology, Property Law

While cryptoassets have generally been accepted as a form of property in Commonwealth jurisdictions, it remains unclear how specific property rules apply. What is required for title to a cryptoasset to be legally transferred? Is a blockchain transaction necessary or sufficient for that purpose? If a transaction is unauthorised or procured by fraud, when (if ever) do subsequent purchasers take free of the original owner’s title? These questions are relevant, for example, to proprietary disputes in crypto litigation and the structuring of secured crypto-finance arrangements.

Good Models Borrow, Great Models Steal: Intellectual Property Rights and Generative AI

Intellectual Property, Law & Technology

Two critical policy questions will determine the impact of generative artificial intelligence (AI) on the knowledge economy and the creative sector. The first concerns how we think about the training of such models — in particular, whether the creators or owners of the data that are ‘scraped’ (lawfully or unlawfully, with or without permission) should be compensated for that use.

The Tragedy of AI Governance

Competition Law, International Law, Law & Technology

Despite hundreds of guides, frameworks, and principles intended to make artificial intelligence (AI) ‘ethical’ or ‘responsible’, ever more powerful applications continue to be released ever more quickly. Safety and security teams are being downsized or sidelined to bring AI products to market. And a significant portion of AI developers apparently believe there is a real risk that their work poses an existential threat to humanity.

Law by Algorithm

Commercial Law, Law & Technology, Private Law

My review article in the Oxford Journal of Legal Studies offers a critical analysis of Horst Eidenmüller and Gerhard Wagner’s Law by Algorithm by focusing on four major sets of issues that are covered in this important work: (i) separate legal personality for artificial intelligence (AI) systems; (ii) the exploitation and protection of consumers; (iii) liability; and (iv) online dispute resolution.