SESSION 1. INTRODUCTION TO INFOCOMM TECH LAW IN SINGAPORE
OPTIONAL READING: ICT LAW IN SINGAPORE CHAPTER 1
OPTIONAL REFERENCES: LAW AND TECH IN SINGAPORE CHAPTERS 1-3
A. COURSE DESCRIPTION AND OBJECTIVE
New economies have emerged within the last two decades including digital models of transaction and disruptive innovation. Internet intermediaries generally are taking on a major role as facilitators of commercial and non-commercial transactions online. These include social networking platforms (e.g. Facebook, IG and Twitter), multimedia sharing platforms (e.g. YouTube, Apple Music and Spotify), search engines and news aggregators (e.g. Yahoo, Google), content hosts and storage facilities (e.g. Dropbox) and many others. Content generating platforms such as TikTok have also become popular even as cybersecurity concerns and other misgivings have emerged at the governmental level in some jurisdictions.
In the last few years, the use of Internet of Things (IoT) have become quite common in advanced economies, the latest being wearable devices for the 'Metaverse' and an even more immersive experience in the digital realm. Artificial Intelligence (AI) is also becoming more visible at the workplace and at home, leading to ethical concerns and a slate of guidelines globally to 'govern' its development and deployment. Most recently, interest in generative AI (GAI) emerged from the successful launch of chatGPT and other similar services.
Policies and laws have been adapted to deal with the roles and functions of Internet intermediaries, IoT and AI devices and services, and their potential effects and impact on society. Regulators in every jurisdiction are faced with the challenge to manage the new economy and players, and to balance the interest of multiple parties, in the context of areas of law including intellectual property, data protection, privacy, cloud technology and cyber-security. Different types of safe harbour laws and exceptions have emerged to protect these intermediaries and putting in place special obligations; while some forms of protections have been augmented to protect the interests of other parties including content providers and creators as well as society at large. Students taking this course will examine the legal issues and solutions arising from transactions through the creation and use of digital information, goods and services ('info') as well as the use of non-physical channels of communication and delivery ('comm').
The technological developments from Web 1.0 to 2.0 and the future of Web 3.0 with its impact on human interaction and B2B/B2C commerce as well as e-governance will be examined in the context of civil and criminal law, both in relation to the relevance of old laws and the enactment of new ones. In particular, this course examines the laws specifically arising from and relating to electronic transactions and interaction and their objectives and impact on the individual vis-à-vis other parties. Students will be taken through the policy considerations and general Singapore legislations and judicial decisions on the subject with comparisons and reference to foreign legislation where relevant.
In particular, electronic commerce and other forms of transactions will be studied with reference to the Electronic Transactions Act (2010) and the Singapore domain name framework supporting access to websites; personal data privacy and protection will be studied with reference to the Personal Data Protection Act of 2012 and the Spam Control Act; the challenges and changes to tort law to deal with online tortious conduct will be analysed (e.g. cyber-harassment under the Protection from Harassment Act (2014) and online defamation in the context of online communication); the rights and liabilities relating to personal uses of Internet content and user-generated content will be considered with reference to the Copyright Act (2021); computer security and crimes will be studied with reference to the Computer Misuse Act (2017) and the Cybersecurity Act (2018); and last, but not least, Internet regulation under the Broadcasting Act and its regulations as well as the Protection from Online Falsehoods and Manipulation Act (2019), the Foreign Interference (Countermeasures) Act (2021) and the Online Criminal Harms Bill (2021) will be critically evaluated.
You will note from the above paragraph that there have been an acceleration in the enactment of ICT laws and amendments in recent years, which shows the renewed focus of the government and policy-makers when it comes to the digital economy and society (as we move towards a SMART Nation). This is happening not online in Singapore, but abroad as well. In such an inter-connected work with porous jurisdiction when it comes to human interaction and commercial transactions, we have to be aware of global trends and, in some cases, the laws of other jurisdictions as well. When it is relevant, foreign laws will also be canvassed as a comparison or to contrast the approach to a specific problem. Projects are a good way to approach in greater depth.
B. CLASS PREPARATION FOR SESSION 1
In preparation for this session, use the online and library resources that you are familiar with to answer the following questions in the Singapore context (and for foreign/exchange students, in the context of your respective countries):
What are the relevant agencies and their policies on ICT?
What are the areas of law that are most impacted by ICT?
What is the government's position on Artificial Intelligence?
What are the latest legal developments on this field?
Also, critically consider the analysis and recommendations made in the report on Applying Ethical Principles for Artificial Intelligence in Regulatory Reform, SAL Law Reform Committee, July 2020. Evaluate it against the second version of the Model AI Governance Framework from the IMDA. Also, look at the Discussion Paper on GAI released on 6 June 2023. Take note of this even as we embark on the ‘tour’ of disparate ICT topics from Session 2 onwards, and the implications for each of those areas of law that will be covered in class.
C. ASSESSMENT METHOD AND GRADING DISTRIBUTION
Class Participation 10% (individually assessed)
Group Project 30% (group assessed)
Written Exam 60% (2 hour open book examination)
This course will be fully conducted in the classroom setting. Project groups will be formed by week 2, projects will be assigned from week 3, and presentations will begin from week 4 with written assignments to be due for submission a weeks after presentation. Further details and instructions will be given after the groups are formed, but before the first project assignment.
D. RECOMMENDED TEXTBOOK AND READINGS
The main textbook is: Warren B. Chik & Saw Cheng Lim, Information and Communications Technology Law in Singapore (Academy Publishing, Law Practice Series, July 2020). You can purchase the book (both physical and electronic copies) from the Singapore Academy of Law Publishing (ask for the student discount). If you prefer, there are copies available in the reserves section of the Law Library that you can use. The other useful reference will be: Chesterman, Goh & Phang, Law and Technology in Singapore (Academy Publishing, Law Practice Series, September 2021).
Due to the rapid pace of development in the law in some areas of analysis, students will also be given instructions and pre-assigned readings via this blog one week before each lesson. Students need only refer to the SMU eLearn website for administrative information such as the Project Schedule and the Grade Book as well as to share project papers and presentation materials. Students will be expected to analyse legislative provisions and/or cases that are indicated as required reading for each week.
Free access to the local legislation and subsidiary legislation may be found at the Singapore Statutes Online website at: https://sso.agc.gov.sg.
Local cases are accessible through the Legal Workbench in Lawnet. The hyperlink can be found under the Law Databases column on the SMU Library’s Law Research Navigator at: http://researchguides.smu.edu.sg/LAW.
Other online secondary legal materials on Singapore law that you may find useful include Singapore Law Watch (http://www.singaporelawwatch.sg) and Singapore Law SG (https://www.singaporelawblog.sg).
There are also other secondary resources made available from the SMU Library when doing research for your projects such as the many other digital databases available from the LRN (e.g. Lexis, Westlaw and Hein online that are all available under the Law Databases column) and the books and periodicals that are available on the library shelves.
