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October 2020
Academic Year 2020-2021 Term 2 ___________________
COURSE CODE LAW491
COURSE NAME LAW AND DIGITAL COMMERCE
COURSE FORMAT SMU-X
COURSE OUTLINE ___________________ PREREQUISITES INFORMATION None. ___________________ COURSE DESCRIPTION
As businesses increasingly embrace the use of technology in domestic and cross-border operations, such as blockchain and cloud technology, artificial intelligence, the Internet of Things (IoT) and digitalized trade documents, it is necessary for lawyers and legal policy-makers to not only appreciate the complex legal and policy issues arising from such use of technology, but to also help provide clear legal thinking and innovative ideas in resolving such issues.
This unique course aims to provide students with an opportunity to learn about and confront a selection of such issues arising from commercial uses of such technology, develop an understanding of real-world law and policy issues. The issues are selected based on their relevance, feedback from industry, importance to Singapore and ASEAN, and a review of academic and business literature. The course will allow students to develop skills to present and analyze topical issues, prepare reports with their research findings and exercise creativity in generating useful recommendations (in the form of law, policy and/or technology solutions) to deal with real problems.
Students will be guided in an exploration and analysis of cross-border trade law issues relating to the intersection of commerce and technology. In the first part of the course, an explanation of salient issues will be provided to help students understand the broader context of trade in the digital economy. Students will then be exposed to a number of topical issues which policy-makers and the private sector are grappling with. Students will be required to select a related,
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relevant topic, conduct legal research on these issues, and design their recommendations based on their findings. In addition to interactive learning led by the course instructor, students will receive insights from a variety of professionals who may be from the fields of commerce, banking, information technology, law and government policy-making.
COURSE OBJECTIVES
This course aims to provide students with the following learning opportunities:
Understanding existing/emerging legal and policy issues affecting digital commerce; Analysis of cutting-edge materials and issues;
Promotion of self-learning and group learning; and
Exercising creativity in designing useful recommendations. ___________________
RECOMMENDED TEXTS/READING MATERIALS
Given the nature of this course and the topics to be covered, there will not be just one single text book. Reading materials, which will be announced at the start of the course, will include recommended book chapters, selected government, private-sector and/or international organization reports, some of the most up-to-date law/information technology/business journal articles and other relevant international documents. Reading materials and topics are likely to relate to areas such as the use of blockchain and artificial intelligence technology in international trade and digitalization in cross-border trade. Apart from academic and professional literature, students will also be exposed to key trade agreements affecting cross-border digital commerce.
Indicative List - Examples of Possible Types of Reading Materials (subject to change/confirmation)
Useful SOL background reading: issue pack 1 Examples of Articles:
Kit Burden, “Impact of disruptive technologies on sourcing and outsourcing transactions” CLSR 34 (2018), 886-889.
Reggie O’Shields, “Smart Contracts: Legal Agreements for the Blockchain”, N Carolina Banking Institute, Vol 21 Issue 1, 2017.
Trevor I Kiviat, “Beyond Bitcoin: Issues in Regulating Blockchain Issues”, [2015] Duke LJ Vol 65, 569.
Examples of Books from which Chapters may be recommended:
Michael J. Shaw, “E-Commerce and the Digital Economy”, Routledge (e-book, 2005) Examples of International Reports/Instruments
Business Software Alliance, “Policy Principles for Building a Secure and Trustworthy Internet of Things” (2020)
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World Economic Forum White Paper, “Making Deals in Cyberspace: What’s the Problem?” (2017)
OECD, “Inclusive Innovation Policies” (2017)
UNCITRAL: Model Law on Electronic Transferable Records
UNESCAP and ADB, “Embracing the E-commerce Revolution in Asia and the Pacific” (2018)
UNESCAP: Framework Agreement on the Facilitation of Cross-border Paperless Trade in Asia and the Pacific
EU Assessment List for Trustworthy AI
Selected WTO documents on e-commerce, free trade agreement provisions and the ASEAN Agreement on E-Commerce
___________________ ASSESSMENT METHODS
The following assessment components will apply to this course.
Individual Class Participation 20% (Individual grade)
Industry interaction 20% (Individual grade)
Group Oral Presentations 20% (Individual grade)
Final Written Paper 40% (Group grade)
Total: 100%
No questions from past year papers or published test banks will be used verbatim for the graded continuous assessments and examinations in this course.
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INSTRUCTIONAL METHODS
Generally, classes consist of 3-hour seminars with a 15-minute break. In light of the COVID-19 pandemic, a large proportion of the lessons has been planned to take place virtually, both as a precautionary measure and to comply with current SMU and government advisories. Industry partners will likely be invited to interact with students virtually as well. Where useful and permitted by prevailing rules, a limited number of in-class seminars or group consultations may be held on campus. The arrangement may be adjusted should prevailing rules permit more flexibility in 2021. ___________________
ASSESSMENT METHODS Class Participation
Class participation assessment will take into account factors such as contributions to class discussions, quality of comments and questions raised during seminars, and efforts to respond to issues raised by the instructor and/or other students.
Locknie Hsu AY 2020-21 Industry Interaction
Given the objectives of the SMU-X format and of this course, industry interaction assessment is based on level of active and meaningful engagement and enquiries with industry parties during the course, and in conducting research for the group written papers. Each group will be required to submit to the instructor a faithful and true record of each group member’s interaction with industry participants during the course, both during seminars and outside seminar time. Students should work collaboratively and contribute roughly equally to all group work; feedback regarding any student who contributes significantly less than this should be reported to the instructor and if established, such a shortfall in contribution may be reflected in the student’s grade. More guidance will be provided during the course.
Group Oral Presentations and Final Written Papers
A number of relevant themes or topics will be provided by the instructor, with guidance during the course to help groups with selection and with necessary research and industry linkages. The Group Oral Presentations will allow groups to present their selected Written Paper topic to first orally showcase and test their ideas in class. Feedback, comments and corrections (if any) during the presentations should be taken onboard for preparation of the Final Written Paper before submission. Groups are thus permitted to further develop their ideas after the oral presentations, and to add further value to the Final Written Paper (such as refinements to their recommendations) before submission if they wish.
ACADEMIC INTEGRITY
All acts of academic dishonesty (including, but not limited to, plagiarism, cheating, fabrication, facilitation of acts of academic dishonesty by others, unauthorized possession of exam questions, or tampering with the academic work of other students) are serious offences.
All work (whether oral or written) submitted for purposes of assessment must be the student’s own work. Penalties for violation of the policy range from zero marks for the component assessment to expulsion, depending on the nature of the offence.
As a reminder on how to avoid plagiarism, students are encouraged to refer to this Library guide at: https://library.smu.edu.sg/elearn.
When in doubt, students should consult the instructor of the course. Details on the SMU Code
of Academic Integrity may be accessed
at https://inet.smu.edu.sg/sites/dos/UCSC/Documents/Downloads/Code%20of%20Academi c%20Integrity.pdf#search=code%20of%20academic%20integrity.
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EMERGENCY PREPAREDNESS FOR TEACHING AND LEARNING (EPTL)*
As part of emergency preparedness, one or more lessons may be conducted online via the WebEx platform during the term, to prepare students for online learning. During an actual emergency, students will be notified to access the WebEx platform for their online lessons. The class schedule will mirror the current face-to-face class timetable unless otherwise stated.
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* Please see information under Instructional Methods above. ___________________
CONSULTATIONS
Consultation and clarifications may be conducted via email, online communications, telephone or, if prevailing COVID-19 protocols permit, by meeting. Time will be set aside for group consultations on the project papers during some of the final seminars.
___________________ ACCESSIBILITY
SMU strives to make learning experiences accessible for all. If you anticipate or experience physical or academic barriers due to disability, please let me know immediately. You are also welcome to contact the university's disability services team if you have questions or concerns about academic provisions: [email protected].
Please be aware that the accessible tables in our seminar room should remain available for students who require them (in case there are any face-to-face seminars).
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LAW 491 LAW AND DIGITAL COMMERCE
AY 2020-2021 TERM 2 LESSON PLAN
Week No. Topic Reading and Activities
1 International trade law and technology (part 1) 2
International trade law and technology (part 2)
3 Technology applications in Business and Legal Issues (1) 4 Technology applications in Business and Legal Issues (2) 5 Industry Roundtable (moderated by Professor) List of industry participants to be announced
Introduction to legal and policy advocacy: research and writing
6 Technology applications in Business and Legal Issues (3) Issues in digitalization in financial services [Guest speaker]
7 International agreements and instruments affecting digital commerce (part 1) Issues in digital commerce and Small and Medium Enterprises (SMEs)
[Guest speaker]
Preliminary selection and brief discussion of topics among groups and consultations (breakout groups) 8
Mid-term Break
9
International agreements and instruments affecting digital commerce (part 2)
Brief discussion of choice of topics and preliminary findings by groups and consultations (breakout groups)
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10 International agreements and instruments affecting digital commerce (part 1)
11
Informal explanation of group topics and preliminary findings by groups (All groups), breakout consultations with instructor
12 Group Oral Presentations: key findings and recommendations (All groups)
13 Final developments review and/or discussion group and consultations emerging regarding Final Written Papers
14
Submission of Final Written Papers (assessed component)
Criteria for assessment will include framing of the issue(s), research quality, clarity and organization, appropriate consideration of industry/policy views, innovative elements and usefulness of recommendations.
Note: The topics, activities and lesson plan indicated in this Outline are indicative only and are subject to change.
Guest speaker slots indicated above are tentative and are subject to guests’ availability and scheduling. (Guests may address the class via the Internet.)
