Lex Novus

In this episode, I sit down with Sue-Anne Lim, an industry leader in the field of communications, to explore the fascinating and evolving landscape of AI in marketing. Join us as we discuss topics such as: Persuasion vs. Manipulation: Is AI in marketing shifting the balance from traditional persuasion to subtle manipulation? We delve into the ethical implications and the fine line marketers must navigate. Regulation Needs: With AI's growing influence in marketing, what kind of regulations should be in place? Internal Management of AI Tools: How can organizations effectively manage AI tools within their teams? We explore best practices for integrating AI into marketing strategies while maintaining control and oversight. Accountability in AI Usage: Who is accountable when AI tools go awry in marketing campaigns? We discuss the importance of transparency and responsibility in the deployment of AI technologies. Ethical Use of Digital Marketing Platforms: What does it mean to use AI ethically in digital marketing? This conversation is a must-watch for anyone interested in the intersection of AI, marketing, and ethics. Whether you're a marketing professional, business leader, or simply curious about the future of digital marketing, you'll find valuable insights and thought-provoking ideas in this interview. 🔔 Don't forget to like, subscribe, and hit the notification bell to stay updated on our latest content! 📢 Join the Conversation: Share your thoughts in the comments below. How do you see AI shaping the future of marketing? What regulations do you think are necessary? We'd love to hear from you!

In 2019, the Malaysian Inland Revenue Department made a request for customer personal data from a private company known as Genting Malaysia which runs a prominent casino. Its request was bolstered by an approval letter from the Department of Personal Data Protection which authorised the request. Join us to explore how Genting successfully applied to review the decision of the Department of Personal Data Protection and the impact the judgment had on the law of privacy in Malaysia. #podcast #privacy #technologylaw #dataprotection #dataprivacy #malaysia

Does financial data warrant special attention when it comes to data-sharing policies – particularly with government bodies? In this episode we’re taking a look at lessons and ongoing debates from North America, paying particular attention to the hearing of a subcommittee of the US House of Representatives Judiciary Committee on 7th March as part of the inquiry into the 6th of January insurrection incident of 2021. References and Research: Full hearing - Weaponization of the Federal Government - https://www.youtube.com/watch?v=ZSiNbZQXVu0&t=9947s&ab_channel=HouseCommitteeontheJudiciary Federal Constitution of Malaysia (PDF) - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_constitution.pdf The police and your basic rights, Malaysian Bar - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.malaysianbar.org.my/cms/upload_files/document/Red%20Book%20%E2%80%94%20The%20Police%20and%20Your%20Basic%20Rights%20(English).pdf Criminal Procedure Code - Act 593 - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://ccid.rmp.gov.my/Laws/Act_593_-_Criminal_Procedure_Code_(CPC).pdf Prevention of Crime Act: Balancing act between public safety and civil liberties, P. Sundramoorthy - https://twentytwo13.my/opinion/prevention-of-crime-act-balancing-act-between-public-safety-and-civil-liberties/#:~:text=POCA%20allows%20the%20police%20to,to%20public%20safety%20and%20security. Prevention of Crimes Act 1959 (PDF) - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.vertic.org/media/National%20Legislation/Malaysia/MY_Prevention_Crime_Act.pdf Official Secrets Act 1972 - http://www.commonlii.org/my/legis/consol_act/osa1972156/ Malaysian Anti-Corruption Commission Act 2009 (PDF) - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.sprm.gov.my/admin/files/sprm/assets/pdf/penguatkuasaan/act-694-bi.pdf Management of Customer Information and Permitted Disclosures BNM - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.bnm.gov.my/documents/20124/938039/PD_Management_of_Customer_Information_MCIPD_apr2023.pdf Enforcement Agencies' Power of Surveillance: The Need for Governance, Abdul Samad Abdul Ghani, The government says Ive got my eyes on you, 2022 - https://techwireasia.com/08/2022/the-government-says-i-got-my-eyes-on-you/ Canada Ends Its Freeze on Hundreds of Accounts Tied to Protests - https://www.nytimes.com/2022/02/22/world/americas/canada-protest-finances.html

In this episode, we look briefly at some potential considerations for AI developers and deployers located outside the European Union with the passing of the Union's AI Act last week. To check out the full text of the Act in its current form please visit chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://data.consilium.europa.eu/doc/... Credit to Zakhar Dziubenko for intro and outro audio (Drive Breakbeat).

This episode is an opinion piece on why amending the Personal Data Protection Act 2010 may not be the best solution to deal with privacy and data protection concerns in the implementation of Malaysia's Centralized Database Hub (PADU). #digitization #transparency #dataprotection #PADU #PDPA #lexnovus Further reading and references: “Stop Thinking About Consent: It Isn’t Possible and It Isn’t Right” - Harvard Business Review 2018 - https://hbr.org/2018/09/stop-thinking-about-consent-it-isnt-possible-and-it-isnt-right Press Release | Transparency and Protection of Privacy Crucial for Personal Data Collected through the MySejahtera Application - https://www.malaysianbar.org.my/article/about-us/president-s-corner/pressstatements/press-release-transparency-and-protection-of-privacy-crucial-for-personal-data-collected-through-the-mysejahtera-application Australian Privacy Principles quick reference - https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference Enactment of Freedom of Information Act - https://www.pmo.gov.my/2023/09/enactment-of-freedom-of-information-act-approved-in-principle-pm-anwar/ National Institute of Standards and Technology (NIST)’s - Guide to Protecting the Confidentiality of Personally Identifiable Information (PII) (Draft) - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.govinfo.gov/content/pkg/GOVPUB-C13-PURL-LPS114014/pdf/GOVPUB-C13-PURL-LPS114014.pdf UN’s Office of the High Commissioner Guidance Note on a Human Rights-Based Approach to Data in line with the 2030 Agenda for Sustainable Development - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ohchr.org/sites/default/files/Documents/Issues/HRIndicators/GuidanceNoteonApproachtoData.pdf

In this episode, we will be looking at the feasibility of using metadata as evidence in Malaysian litigation. In particular, we analyse the case of Sundra Rajoo a/l Nadarajah v Leaderonomics Sdn Bhd & Anor [2023] MLJU 1354 and we consider a number of judgments from the US and Canada. #legaltech #lexnovus #metadata #litigation #casestudy Further reading and references: Sundra Rajoo a/l Nadarajah v Leaderonomics Sdn Bhd & Anor [2023] MLJU 1354 SPV-LS, LLC v. Transamerica Life Ins. Co North American Medical Corp. v. Axiom Worldwide, Inc. United States v. Goldstein Teledyne Instruments, Inc. v. Cairns https://www.altlaw.co.uk/blog/can-metadata-be-used-as-evidence https://blog.witness.org/2020/03/making-your-metadata-matter/ https://www.eyewitness.global/Using-metadata https://www.casefleet.com/blog/metadata-explained https://www.iadclaw.org/defensecounseljournal/follow-the-audit-trail-the-impact-of-metadata-in-litigation/ https://www.ncbar.org/2022/01/04/exposed-what-lawyers-need-to-know-about-metadata/ https://firstmonday.org/ojs/index.php/fm/article/view/11605/10191 https://www.sal.org.sg/Resources-Tools/Legal-Technology-Vision/Other-Services/eDiscovery-Part-II https://v1.lawgazette.com.sg/2012-07/468.htm https://www.readcube.com/articles/10.2139/ssrn.2208973 https://www.paed.uscourts.gov/documents/procedures/The%20Sedona%20Principles.pdf https://www.jdsupra.com/legalnews/the-litigation-of-metadata-your-devices-7652639/ https://wittliffcutter.com/wittliff-cutter/metadata-is-important-and-discoverable-in-litigation/ https://ilsteam.com/application-metadata-vs-system-metadata-federal-court-examines-the-sedona-principles/

This episode will focus on some of the laws that may affect the use of AI in elections and political campaigning in Malaysia or, while intended to govern these spaces, may be inadequate. The legislation we consider include the Anti Fake News Act 2018, the Penal Code, the Communications and Multimedia Act 1998, The UK GDPR, Singapore's Protection from Online Falsehoods and Manipulation Act and Malaysia's Elections Offences Act 1959. Additional Reading and References: The rebirth of Malaysia’s fake news law – and what the NetzDG has to do with it - https://verfassungsblog.de/malaysia-fake-news/  Singapore: ICJ calls on government to repeal or substantially amend the POFMA, two years after it entered into force - https://www.icj.org/singapore-icj-calls-on-government-to-repeal-or-substantially-amend-the-pofma-two-years-after-it-entered-into-force/  Defending Freedom of Expression, Asia Centre – Council of Asian Liberals and Democrats - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://asiacentre.org/wp-content/uploads/Defending_Freedom_of_Expression_Fake_News_Laws_in_East_and_Southeast_Asia.pdf  Minnesota advances deepfakes bill to criminalize people sharing altered sexual, political content - https://apnews.com/article/deepfake-minnesota-pornography-elections-technology-5ef76fc3994b2e437c7595c09a38e848  Profiling in Political Campaigning - https://ico.org.uk/for-organisations/direct-marketing-and-privacy-and-electronic-communications/guidance-for-the-use-of-personal-data-in-political-campaigning-1/profiling-in-political-campaigning/  Rights related to automated decision making including profiling - https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-rights/rights-related-to-automated-decision-making-including-profiling/  What is the impact of Article 22 of the UK GDPR on fairness? - https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/artificial-intelligence/guidance-on-ai-and-data-protection/how-do-we-ensure-fairness-in-ai/what-is-the-impact-of-article-22-of-the-uk-gdpr-on-fairness/  How AI could take over elections – and undermine democracy - https://theconversation.com/how-ai-could-take-over-elections-and-undermine-democracy-206051  Automated Decision-Making Under the GDPR: Practical Cases from Courts and Data Protection Authorities - https://fpf.org/wp-content/uploads/2022/05/FPF-ADM-Report-R2-singles.pdf  Towards new rules on transparency and targeting of political advertising - https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/733592/EPRS_BRI(2022)733592_EN.pdf  Examples of Data Points Used In Profiling, Privacy International - chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://privacyinternational.org/sites/default/files/2018-04/data%20points%20used%20in%20tracking_0.pdf  Online Political Campaigning During Malaysia’s GE15: Blurred Lines - https://fulcrum.sg/online-political-campaigning-during-malaysias-ge15-blurred-lines/  Social Media and On-Line Political Campaigning in Malaysia Sara Chinnasamy, Izyan Roslan, University Technology Mara, Selangor, Malaysia. https://www.scirp.org/journal/paperinformation.aspx?paperid=62472 

On 23 July 2023, the Star ran an article titled “the rule of law for AI in elections”. In it, the Bar Council’s technology, cyber and privacy law committee chairman was quoted stating that there should be laws specifically on AI’s use in elections. This episode explores how AI can be used in elections and some of the risks it can pose. References and Further Reading: "The rule of law for AI in elections" 23.7.2023, The Star - https://www.thestar.com.my/news/focus/2023/07/23/the-rule-of-law-for-ai-in-elections "Malaysia mulls over enacting law on AI", 24.3.2023, The Straits Times - https://www.straitstimes.com/asia/se-asia/malaysia-mulls-enacting-law-on-ai#:~:text=PETALING%20JAYA%20%E2%80%93%20The%20Science%2C%20Technology,material%20produced%20by%20such%20apps. "AI could sway the 2024 elections, campaign pros say — but not like you think", 25.5.2023, Roll Call - https://rollcall.com/2023/05/25/ai-could-sway-the-2024-elections-campaign-pros-say-but-not-like-you-think/ "A.I.’s Use in Elections Sets Off a Scramble for Guardrails", 25.6.2023, The New York Times - https://www.nytimes.com/2023/06/25/technology/ai-elections-disinformation-guardrails.html "Artificial Intelligence Enters the Political Arena", 24.5.2023, Council on Foreign Relations - https://www.cfr.org/blog/artificial-intelligence-enters-political-arena "AI and Elections – Observations, Analyses and Prospects", 27.1.2022, Heinrich Böll Foundation - https://il.boell.org/en/2022/01/27/ai-and-elections-observations-analyses-and-prospects "Artificial Intelligence, Authoritarianism and the Future of Political Systems", H. Akin Unver, Center for Economics and Foreign Policy Studies (2018) Chapter 5, Social Media and Democracy - "Bots and Computational Propoganda: Automation for Communication and Control", Samuel C. Woolley, Cambridge University Press, (2020) "Algorithmic Elections" Sarah M.L. Bender, Michigan Law Review Vol.121, Issue 3 (2022) "Policy Paper on Artificial Intelligence's (AI) Impact on Freedom of Expression in Political Campaign and Election", Rabitsch, Rania & Treml, OSCE (2021) "Artificial Intelligence: Risks to Privacy & Democracy", Manheim & Kaplan, 21 Yale J.L. & Tech. 106 (2019) Credits: Intro Music: tobylane - https://pixabay.com/users/tobylane-15168815/ Outro Music: John_Sib - https://pixabay.com/users/john_sib-15655402/