Technology in Law
Introduction
“Law and technology produce, together, a kind of regulation of creativity we’ve not seen before.” – Lawrence Lessig (Roy L. Furman Professor of Law and Leadership at Harvard Law School)
As technology is evolving at an unprecedented rapid pace, the intertwinement between law and technology not only reshapes our lives, but also fundamentally transforms how industries operate, regulate, and innovate themselves. Lessig’s observation underscores this dynamic yet complex relationship, promoting how the law not merely adapts to technology advancements but also actively embraces cutting-edge technology to shape its evolution. In this advancing society, it is evident that numerous repercussions are manifested through technology, such as data breaches and how AI poses challenges for the legal world. Yet, knowing how to tackle these challenges like taming a beast is paramount to one’s success in navigating this complex landscape.
The Dynamic Relationship between Law and Technology
Historically, the law had not been proactive in responding towards change, due to precedents and the complicated pillars of the legal system. This is especially true towards technology, as each small advancement could create an unforeseen problem towards the legal industry. Perhaps, is this not only true towards the legal in industry, but towards each aspect of society? Do you still remember the days when having the newest Nokia 3310 was the latest trend? Or the times when you compete with your friends to have the highest score on the snake game? Perhaps you recall the times when CDs ruled the music industry? Well, these memories are only less than twenty years ago. On 29th June 2007, the first iPhone was born, and the rest is history.
The present common law system has evolved and developed over centuries since the 11th century in England. Various legal principles, doctrines and precedents have been built upon over time, creating a resilient system with solidified foundations. It will be nearly impossible to shake the foundations that have upheld the present law. However, the advancement of technology is as if an exponential curve, with unlimited potential to grow. In the 1900s, computer software was considered military-grade equipment, yet in the present, even a newborn infant has access to revolutionary technological software. Technology is advancing at a rate that challenges the legal system’s ability to keep pace. This rapid evolution introduces complexities and dilemmas that the law, which traditionally relies on gradual change, struggles to anticipate, or regulate.
One key area where law and technology intersect is intellectual property. In the past, to distribute films and music, one must purchase a hard copy of the content. However, the digital age has redefined what it means to create and distribute content. Musicians, filmmakers, and any kind of artists are no longer confined to traditional media formats, they can now upload their work online while reaching a global audience in seconds. Certainly, this has created endless opportunities for individuals, but at the same time, introduces numerous challenges for the legal system. In particular, regulating how digital content is shared, used, and most importantly, monetised. Copyright laws have been developed to ensure an artist’s work isn’t plagiarised, yet with the internet, it cannot be assured that the law will always be regulated flawlessly. Furthermore, more contemporary concepts like NFTs and cryptocurrency continuously create loopholes in the law that ought to be addressed and regulated.
Reshaping the Profession
On the other hand, technology also provides a means to transform the practice of law itself. Imagine ramming through hundreds and thousands of cases just to find a single keyword for your argument. Yet now, this can be done in just a few seconds. Legal technology is making the legal profession more efficient, accessible, and more data-driven.
One of the most significant breakthroughs in technology regarding the law is the use of artificial intelligence-powered software in legal research tools. Traditionally, legal research was a labour-intensive process that required lawyers to read through hundreds and thousands of cases just to find one single detail. Today, thanks to platforms such as LexisNexis and Westlaw that utilise AI to make the search process much faster and more accurate, lawyers can identify vast amounts of data in seconds, while identifying relevant cases and predicting future outcomes based on historical precedents.
Another breakthrough in technology related to law is the digital platform one can utilise. Have you ever seen those action movies where a criminal is broken out during a convoy while being transported from one place to another? In the past, transportation between locations for trials or hearings increases risks and challenges. Today, however, virtual platforms and online courtrooms eliminate the need for such dangerous transfers, allowing cases to be heard remotely, securely, and efficiently. For instance, virtual courtrooms and online dispute-resolution platforms have also emerged, particularly during the coronavirus pandemic. Not only students but courts and legal professionals were forced to adapt to a remote and virtual working environment. This has accelerated the adoption of technology to allow cases to be heard online. Thus, improving access to justice, particularly for individuals in remote or foreign areas where they might not have the resources or capability to attend.
LawCord: Means to Empower Law Students for the Future
As technology continues to reshape the legal profession, law students must be prepared to adopt and navigate this new landscape. This is where platforms like LawCord come into place. When one thinks of Discord, they will interpret it as a gaming platform for gamers to interact. Or, a more sophisticated group chat for teenagers to interact with each other. However, LawCord is much more than just a gaming platform. LawCord is a Discord-based community that provides law students with a place to discuss legal topics and network with their peers. In many ways, LawCord becomes the bridge that connects the future of legal education with the digital world, offering a more casual environment for students to engage in legal topics.
In traditional legal education, students rely heavily on textbooks and in-person lectures. While these are essential, they do not provide students with the opportunity to interact much outside the classroom. LawCord fills this gap by offering students a common platform to engage in discussions such as homework discussions and current real-world legal issues in a collaborative, technology-driven environment. Law school sometimes feel like a pressuring environment, and LawCord addresses this issue by offering students a supportive system where they can share their studies and experiences while seeking advice and help. This sense of community can help students manage the stress of law school while maintaining and improving their overall well-being and academic performance.
Conclusion
In essence, the interrelationship between law and technology is both a challenge and an opportunity. While new technology presents complex legal dilemmas, it also creates innovative solutions that can enhance both the practice of legal justice and the experience of law students, such as LawCord. As we move forward to the unknown future, the legal system must embrace this change while shaping its framework to not only regulate technology but also foster a future where law and technology can work in tandem for the better of society.
Written by Jasper Hui