Session 1: AI in Asia and the Global Context

Session Chair

Joey Pang
Vice President (Legal & Compliance), Technology Operations and IP
DBS Bank Ltd

 

In DBS, Joey looks after the bank’s legal needs on technology operations, procurement, IP, and data issues. Prior to joining DBS, Joey was a technology lawyer in private practice and was with the technology practice of CMS Cameron McKenna in London, UK, and Rajah & Tann in Singapore.  

As a technology lawyer, Joey is skilled in Cybersecurity, Data Protection, Telecommunications Regulations, and Outsourcing and has a demonstrated track record in dealing with these matters, having advised both governments and private organisations in Asia and Europe.

Joey is a Chevening Scholar and has a LLM from LSE. Joey currently co-chairs the Law and Technology Advisory Council to the SMU School of Law and is a member of the CPD, Cybersecurity & Data Protection, and IT committees of the Law Society of Singapore. As a self-professed tinkerer and geek, Joey has a diploma in Multimedia and Infocommunications Technologies, and enjoys programming and learning about the latest technologies and gadgets in his free time.

 


Speakers

"AI , Trust, and Law"

Synopsis

This presentation provides a bird’s eye view over the developments in AI and data governance in Asia and the global context, by asking three main questions: (1) are developments in Asia different from developments we see in Western developed countries; (2) what are the drivers behind these differences; and (3) what do these differences tell us about the future of AI and data governance in Asia?

Speaker

Urs Gasser
Professor and Executive Director
Berkman Klein Center for Internet and Society, Harvard University

 

Dr. Urs Gasser is the Executive Director of the Berkman Klein Center for Internet & Society at Harvard University and a Professor of Practice at Harvard Law School. His research and teaching activities focus on information law, policy, and society issues and the changing role of academia in the digitally networked age.

Current projects – several involving the Global Network of Internet & Society Centers, which he helped to incubate – focus on the governance of evolving and emerging technologies such as Cloud Computing, the Internet of Things, Augmented Reality, and Artificial Intelligence, with a particular interest in privacy and security issues and the broader implications of these technologies, including questions of agency and autonomy. As a longer-term research interest, he studies the patterns of interaction between law and innovation, and innovation with the legal system in the digital age.

Dr. Gasser has written and edited several books on digital technology issues, and published over 100 articles in professional journals. He is the co-author of “Born Digital: Understanding the First Generation of Digital Natives” (Basic Books, 2008 and 2016, with John Palfrey), which has been translated into 10 languages (including Chinese), co-author of “Interop: The Promise and Perils of Highly Interconnected Systems” (Basic Books, 2012, with John Palfrey), and author of a forthcoming book on the future of digital privacy. Recent book publications include Remembering and Forgetting in the Digital Age (Springer, 2018, Co-Editor) and Big Data, Health Law, and Bioethics (Cambridge University Press, 2018, Co-Editor). Additional information about his research can be found on his SSRN author page.

In addition to his appointments at Harvard, Dr. Gasser has had visiting professorships at the Singapore Management University School of Law, the University of Zurich Faculty of Law, KEIO University (Japan) and the University of St. Gallen (Switzerland), and taught at Fudan University School of Management (China). He serves as a trustee on the boards of the Digital Asia Hub, and the Research Center for Information Law at the University of St. Gallen. He was formerly a member of the International Advisory Board of the Alexander von Humboldt Institute for Internet and Society in Berlin, a trustee of the NEXA Center for Internet & Society at the Polytechnic of Turin, a Fellow at the Gruter Institute for Law and Behavioral Research, and served as a Senior Advisor to the World Economic Forum’s Future of the Internet Initiative, where he currently is a Member of the Global Future Council on New Metrics. He currently also serves as a member of the German Digital Council, appointed by Angela Merkel.

Dr. Gasser graduated from the University of St. Gallen (lic.iur., Dr.iur.) as well as Harvard Law School (LL.M. ‘03) and received several academic awards and prizes for his research, including Harvard’s Landon H. Gammon Fellowship for academic excellence and the “Walther Hug-Preis Schweiz,” a prize for the best doctoral thesis in law nationwide, among others. Before returning to the Berkman Klein Center as Executive Director in 2009, he was an Associate Professor of Law at the University of St. Gallen, where he led the Research Center for Information Law as Faculty Director. Prior to his St. Gallen appointment, he spent three years as a resident fellow at the Berkman Klein Center, where he was later appointed Faculty Fellow. He also initiated and chaired the Harvard-Yale-Cyberscholar Working Group, and was a visiting researcher at Harvard Law School.

Dr. Gasser frequently acts as a commentator on digital technology, policy, and society issues for the US and European media.

 


"The Legal Status and Liability Theory of Robot Advisors"

Synopsis

In the context of intelligent finance, the traditional legal framework of targeting the financial professionals because the robo-advisors lack independent legal personality is impractical and ineffective. Such an approach leads to the problems of poor enforcement, the improper identification of obligors and the failure of the existing system of duties. To address these issues, the lawmakers need to restructure the mechanism for identifying the obligor and the system of duties. An analysis of duties with respect to the robo-advisors needs to penetrate the complex legal and technological veil and take into account the algorithmic aspects of the technology in order to reveal its essential characteristics. A good understanding of the essential characteristics of the robo-advisory technology will help us in laying out a clear and effective regulatory paradigm. This paper proposes that these principles should underpin the new regulatory paradigm: to ensure that there is proper accountability for the robo-advisory technology, to appropriately relax the duties on account of the algorithmic black box, as well as to avoid imposing unduly onerous duties on the obligors by fully embracing the development of artificial intelligence.

Speaker

Simin Gao
Associate Professor and Associate Dean
Tsinghua University Law School

 

Dr. Simin Gao is an associate professor and associate dean at the Law School of Tsinghua University. She received her doctorate degree in law (S.J.D.) from the University of Pennsylvania Law School (2013) and was a former Russell Ackoff Fellow (2011–2012) at Penn’s Wharton School of Business. She brings interdisciplinary perspective to a wide range of emerging issues that encompass bankruptcy law, corporation Law, financial law, law and economic and comparative law. She has authored several publications on Bankruptcy Law, Financial Law and Regulation, which appeared on the law journals in the U.S. and EU, like American Bankruptcy Law Journal, European Business Organization Law Review, American Business Law Journal, Texas International Law Review, George Washington International Law Review, Banking law Journal, Manchester Journal of International Economic Law, and International Corporate Rescue. She was the only winner majoring in social science to receive the Extraordinary Excellent Prize of Chinese Government Award for Outstanding Self-financing Student Abroad in 2012. She received the Gold Medal of International Insolvency Study by the International Insolvency Institution (2017) Peking Excellent Junior Scholar grant (2014) and several start-up grants from National Social Science Foundation (2017), Department of Justice (2014), Department of Education (2015) and Tsinghua University (2014). She serves as the editor or peer reviewer for Chinese and U.S. leading law journals.

 


Commentators

Marcus Bartley Johns
Asian Regional Director, Government Affairs and Public Policy
Microsoft

 

Marcus is Asia Regional Director for Government Affairs and Public Policy at Microsoft. He works with Microsoft’s teams and the company’s stakeholders across more than fifteen markets in the region to advance public policies for trusted, responsible and inclusive digital transformation. This encompasses a wide range of issues at the intersection of technology and society, including the responsible use of artificial intelligence, privacy, digital diplomacy, the future of work, and the digital transformation of industries.

Before joining Microsoft, Marcus worked for the World Bank on digital economy and trade issues, in Singapore and in Geneva. He was a lead author of the World Bank’s first regional report on the digital economy in Southeast Asia; and a lead author of flagship reports with the World Trade Organisation on trade and poverty. Marcus was the focal point for World Bank engagement on trade in the World Trade Organisation, G20, and OECD, among other multilateral organisations. Before joining the World Bank, Marcus was an Australian diplomat, with assignments in Geneva at the World Trade Organization; in Bangkok working on regional economic cooperation programs; and in Canberra. He also worked on foreign policy, trade and development issues for a Member of Australia’s national parliament. Marcus has an MSc in Finance (Economic Policy) from the School of Oriental and African Studies, Honours in International Relations from the Australian National University, and a BA from the University of Sydney.


Sophie Mathur
Partner
Linklaters

 

Sophie specialises in cross-border corporate transactions, including mergers and acquisitions, private equity transactions, takeovers and joint ventures, and advises on a mix of corporate strategic transactions and financial sponsor deals across Southeast Asia. She has specialist expertise in the financial services, consumer and technology sectors.

As one of the firm’s global co-heads of innovation, Sophie has a keen interest in promoting the development of Singapore’s start-up ecosystem and advises several start-ups and entrepreneurs.

Sophie began her career in London, where she trained and worked for five years. In 2010, Sophie spent three months in Jakarta on a secondment to PT Astra International, Indonesia’s largest conglomerate, assisting on the legal aspects of many of the group’s businesses.