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Digital and AI Evidence Law in Asia (LAWS90339)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
April
Teaching staff:
Kai-Ping Su (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | April - On Campus |
|---|---|
| Fees | Look up fees |
This subject explores the legal and policy implications of digital and AI-generated evidence in contemporary legal systems, with a particular focus on Asian jurisdictions. As technologies such as social media, digital surveillance, algorithmic decision-making, and generative AI become increasingly embedded in social and institutional life, courts and legal professionals must grapple with new evidentiary challenges. This course provides students with the tools to understand, critically assess, and apply principles relating to the collection, presentation, and admissibility of such evidence.
Our subject begins with foundational concepts, including the definition, preservation, and authentication of digital evidence, and moves toward more complex issues involving AI systems—such as explainability, reliability, and fairness. Students will examine how digital and AI-based evidence is used in both criminal and civil proceedings, and how legal systems are adapting through new rules, practices, and institutional arrangements.
Indicative list of principal topics:
- electronic discovery,
- metadata,
- deepfakes,
- algorithmic risk assessments,
- expert evidence in digital forensics, and
- comparative approaches to AI governance.
Our subject addresses broader ethical and policy concerns, such as privacy, bias, and accountability in automated decision-making. Emphasis is placed on doctrinal analysis and real-world case studies, with flexibility to adapt the depth and scope of topics based on student engagement and understanding.
This is a five-day intensive subject taught in English. While the course is comparative in scope, special attention is given to legal developments in Asian jurisdictions including mainland China, Singapore, Japan, Taiwan, and South Korea.
Intended learning outcomes
On completion of this subject, students should be able to:
- Identify and explain the legal principles and evidentiary standards applicable to digital and AI-generated evidence across different jurisdictions.
- Critically analyse the challenges posed by emerging technologies—such as deepfakes, algorithmic tools, and generative AI—to established evidentiary rules and doctrines.
- Evaluate the legal and ethical implications of using AI systems in evidence generation, presentation, and judicial reasoning, particularly within Asian contexts.
- Compare and reflect on doctrinal and procedural approaches to digital evidence and AI regulation in selected Asian jurisdictions.
- Apply legal reasoning to real-world or hypothetical cases involving digital and AI evidence and articulate informed positions on related policy and reform debates.
Generic skills
- Critical thinking skills – the ability to evaluate complex legal, ethical, and policy issues raised by digital and AI-generated evidence.
- Comparative reasoning skills – the capacity to identify, contrast, and interpret different legal approaches across jurisdictions, particularly in the Asian context.
- Legal research and analysis skills – including the ability to locate, interpret, and synthesize statutes, case law, regulations, and scholarly sources relating to technology and evidence.
- Oral and written communication skills – enhanced through group discussion, class presentations, and reflective writing on contemporary legal challenges.
- Problem-solving and application skills – the ability to apply doctrinal knowledge to practical scenarios involving digital or AI evidence in civil or criminal contexts.
- Interdisciplinary awareness – an appreciation of how technological, ethical, and social factors interact with legal reasoning and institutional practice.
Last updated: 18 February 2026