Do We All Need To Be Technology Savvy?
Join Paul Haswell is a partner at Howse Williams in Hong Kong, as he explores the transformative impact of technology on the legal profession in his new column for IHC Magazine. Paul offers insights into the challenges and opportunities for in-house and external counsel, providing thought-provoking perspectives on the future of law in the digital age.
Every year in Hong Kong I give a series of talks designed to ensure that the participant lawyers attending them can acquire enough CPD points to ensure that they reach the re quired minimum amount set by the Law Society so that they can continue to practice for another year. Over the last few years those talks have focused on data privacy, case law updates, effective drafting, or artificial intelligence (there have been a lot on artificial intelligence). But this year was a bit different, as I was asked to give a presentation on what precisely a technology lawyer does. It almost led to an existential crisis as I began to wonder… “what exactly do I actually do?” The answer is complicated.
Being a technology lawyer is not like being a corporate lawyer (who might say “I do M&A work” or “I do IPOs”). Nor is it quite like being a disputes lawyer (who might say, “I send scary letters and sue people”). It’s certainly not like being a tax lawyer (who could probably say “I am better at maths than you”).
Technology is all pervasive now. Which means technology law is as well. We all walk around carrying computers with us in the form of smartphones, which we use for hours each day despite never having read any of the many end user licence agreements we signed up to so that we could use them. Indeed, I daresay your phone most likely sits on a bedside table beside you whilst you sleep. But it wasn’t always like that.
When I attended university in the late 1990s the internet was in its relative infancy. Google didn’t exist yet, and neither did social media. Whilst I had a computer it was not connected to the internet; I had to go to the university’s computer lab in order to send e-mails, communicate via e-mail lists with people all over the world (which admittedly blew my mind back then) or surf the internet using Netscape Navigator. I was studying for a law degree, and my obsession with technology meant I knew I wanted to be a technology lawyer… but I didn’t exactly know what a technology lawyer was. I knew it sounded cool though.
When I began my training contract at a law firm not everybody in the office had access to a computer, and if you wanted to search for cases and precedents you either trawled through books or used the one Lexis terminal which was in the firm’s library (and you paid per search). Fast forward to my second seat as a trainee solicitor and I was part of a TMT (“Technology, Media and Telecoms”) practice. TMT seemed incredibly cool to me as I worked on licensing of software, disputes involving botched IT systems, and IT contracts. It was even cooler when the “M” in “TMT” meant that I got to meet the occasional celebrity such as Jamie Oliver and Tom Jones too.
Unfortunately when it became time for me to qualify as a solicitor the dotcom crash was taking place and seemingly everyone I worked with thought technology law was no longer relevant. Nevertheless, I continued to work on matters making claims where IT systems had not delivered what they had promised, and I continued to assist clients with licensing of software, data, and any other technology. I also got very excited about new technology developments, be it the advances in computer generated graphics or the fact that you could now have video calls over the internet using Skype (so long as your internet connection was good enough).
But then Google went public, and YouTube launched, and social media began to take off. The European Union decided it really had to do something to protect people’s data and people were buying NFTs and trading cryptocurrency. Suddenly technology was everywhere, and was dominating every industry, every home, and every aspect of our lives.
Life suddenly became very busy indeed as demand for technology expertise within the law increased. An area which had previously been considered niche was now pervasive.
We have now reached a point in time where we are all going to learn to be tech lawyers.
Many of the richest and most prominent companies and individuals in the world have a background in, or are heavily invested in, technology. Members of the public became as likely to be targeted for a cyberattack as a large institution, and the impact, the law surrounding it, and possible regulation of technology now has a profound influence on every element of our working and personal lives. The battle for dominance in technology has become synonymous with the battle for dominance in the economic and geopolitical space, and almost every issue we face as lawyers, as parents, as children and as a species is now inexorably linked to technology and technology platforms.
Suddenly in the space of just a decade or so the skills and expertise that belong to a technology lawyer are suddenly skills that are needed by everybody. Whether it’s knowing applicable data laws and their provisions, knowing the risks and pitfalls associated with the use of AI, or just making sure you don’t inadvertently send all your company’s money to cyberfraudsters, at least a working knowledge of technology law and the risks associated with technology is key.
The battle for dominance in technology has become synonymous with the battle for dominance in the economic and geopolitical space….
Similarly, a good knowledge of technology and the laws applicable to it is important to protect your personal rights and privacy in the face of rapid advances in the tech world. It is also key to protect your family and friends from just some of the problems that AI alone has led to, such as the enablement of AI deepfakes, identity fraud, and the spread of misinformation.
Here in Hong Kong, technology law is still a relatively niche area. But that shouldn’t be the case. Every private practice lawyer, every in-house lawyer, and arguably every individual needs to have at least some understanding of how technology can be used or misused, how it impacts our day to day lives, and what our rights are in the face of an increasing rise in the power of technology companies.
Regardless of our area of work, of our background, or of our clients, we have now reached a point in time where we are all going to learn to be tech lawyers.
Paul Haswell
Paul Haswell is a partner at Howse Williams in Hong Kong, specialising in Technology Transactions and Sourcing. With over 20 years of experience, he focuses on TMT matters, including data and cybersecurity, telecommunications, and emerging technologies like AI and blockchain. A tech enthusiast since childhood, Paul has handled major technology disputes and offers a blend of legal expertise and passion for innovation.
Outside of his legal work, Paul is a tech and law podcaster and a DJ. He co-hosts the “Sunday Escape” radio show on RTHK and the podcast “Crimes Against Pop.” A music lover with an extensive vinyl collection, Paul enjoys discovering and sharing new music. He’s also a sci-fi fan, particularly of “Doctor Who.”