Scott Warren, Partner, Tokyo/Shanghai, has been busy this week at various speaking events in Tokyo.  On 25 October 2023, he spoke at two events:

  • 9th International Arbitration, Corporate Crime and Anti-Trust Summit, moderating and presenting a panel entitles “Digital Crimes, AI and Cyber Incidents: What You Need To Know for Compliance”. The panel discussed the nature of the threat landscape for companies, legal issues relating to GenAI implementation and the challenges relating to cross-border data breach. Preparatory solutions (such as data mapping, employee training, having an incident response plan, conducting cyber-preparatory exercises, broadly assessing the GenAI risk landscape) and post-incident handling (such as utilizing global cyber-breach experts who can quickly help you assess regulatory requirements) were discussed. The key takeaway was to prepare in advance (including utilizing practice sessions) and then utilize expert global resources to help effectively handle the matter.
  • Generative AI: How It Will Shape Businesses Tomorrow and Is Transforming Legal Work Today” hosted by the American Chamber of Commerce in Japan, featuring speakers from Microsoft and LegalOn Technolgies.  Scott moderated this panel looked at the rollout/solutions GenAI has on the broad economy, but with a particular focus on the legal industry.  It was reported that studies have shown GenAI may affect up to 60% of the legal work done, especially in the contract drafting space.  Microsoft discussed their ethical roll out, which feature transparency, responsible design, and cooperation with implementing appropriate regulatory frameworks.  Microsoft also addressed their new innovative initiative to provide users of their new Co-Pilot AI service protection from copyright claims.  A discussion of Japan’s and China’s approach to GenAI was held contrasting Japan’s approach not to ‘over-regulate’ the space while mentioning its concerns (such as GenAI use for criminal activity, personal/confidential information dissemination, disinformation and copyright violation) with China’s, which mentions many of the same concerns, but has specifically identified a prohibition of GenAI rollout to the public unless certain things are ensured (such as the result will not sow dissention, disseminate anti-government sentiment nor creative materials that have not been approved by regulatory clearance entities). For more information on the China law, please see China Generative AI New Provisional Measures | Privacy World.

On 27 October 2023, Scott led a panel at the 13th International Cybersecurity Symposium – Program (keio.ac.jp) hosted by Keio University and the MITRE Corporation.  This event brings together global government, academics and corporations to discuss ways to better collaborate to discuss government and collaboration policies to help protect society, companies and people from cyber-attacks.  Scott’s panel was entitled “The Threat Landscape and Addressing Issues in AI, Cybersecurity Transformation and Incident Notification”.  Speakers from Crowdstrike, AWS, Splunk and Cisco shared, along with Scott, their perspectives on these issues.  Key items addressed were:

  • The threat landscape for Japan involves much more than just personal information theft, but also is heavily focused on business confidential information;
  • The key to cybersecurity transformation is to understand that it is not the purchase of a particular device, but the implementation of a more wholistic threat security plan;
  • AI can be an important solution, but also must be understood as a tool of threat by the hackers; and
  • Because of the increasing complexity faced by companies in cross-border cyber threats, they must prepare for cyber threats BEFORE they happen, including creating a Cyber-Incident Response Plan but also testing it.

This event may be available for streaming at a later date.  If you are interested in watching this, please reach out to Scott, or your Squire Patton Boggs contact person.  

Disclaimer: While every effort has been made to ensure that the information contained in this article is accurate, neither its authors nor Squire Patton Boggs accepts responsibility for any errors or omissions. The content of this article is for general information only, and is not intended to constitute or be relied upon as legal advice.