Stanford Law’s Mauritz Kop advises UK Regulatory Horizons Council on Regulating Quantum Technology Applications
London, UK, February 28, 2024— The global race to harness the transformative potential of quantum technology is well underway. As nations position themselves at the forefront of this scientific and industrial revolution, the United Kingdom has taken a decisive step to not only lead in innovation but also in the thoughtful development of its regulatory landscape. A key milestone in this journey is the recent report on "Regulating Quantum Technology Applications" by the UK's Regulatory Horizons Council (RHC). It was an honour for Mauritz Kop to contribute to this important and timely work, and this post will delve into the background, his advisory role, and how scholarship from the Stanford Program in Law, Science and Technology (LST) directed by Professor Mark Lemley has helped shape the UK's pro-innovation approach to quantum governance.
Mauritz Kop, Visiting 'Quantum & Law' Scholar at Stanford, advises the UK Government on Regulating Quantum Technology Applications
Centre for Science and Policy’s Expert Network at the University of Cambridge
On August 8, 2023, Mauritz Kop, Visiting 'Quantum & Law' Scholar at Stanford University, had the honour of advising the UK's Regulatory Horizons Council, an expert committee that counsels the government on regulatory reform for emerging technologies. In his discussion with Tom Newby (Policy Fellow, Centre for Science and Policy at the University of Cambridge) of the RHC, Kop advocated for a pro-innovation regulatory framework—one that fosters growth and attracts investment while proactively addressing societal risks. He is delighted to see that his recommendations and overall vision of regulating quantum have been significantly reflected in the final report, which will now directly inform the UK's national quantum policy.
This engagement builds upon a foundation of extensive scholarship, including his work within the Cambridge University network and, most notably, research at the imminent Stanford Center for Responsible Quantum Technology. Its publications, such as the "10 Principles for Responsible Quantum Innovation" and "Regulating Transformative Technology in The Quantum Age: Intellectual Property, Standardization & Sustainable Innovation," have provided a robust intellectual framework for the very challenges the RHC was tasked to address.
The UK's Vision for a Quantum Future
The UK government has signaled its ambition to be a global quantum leader. With an impressive £2.5 billion commitment to quantum research and innovation, as articulated in the National Quantum Strategy, the UK aims to create a vibrant ecosystem for quantum science and engineering. A cornerstone of this strategy is the development of a supportive regulatory framework—one that promotes the ethical and responsible use of quantum technologies while safeguarding national security.
The RHC's report is a direct response to this strategic imperative. Chaired by Professor Christopher Hodges OBE, the Council was commissioned to provide guidance on creating a "proportionate and pro-innovation regulation for the sector." The result is a forward-looking document that champions a balanced approach, seeking to provide the regulatory certainty necessary to attract and retain innovators while ensuring that quantum technologies are developed and deployed responsibly.
Mauritz Kop is part of the Centre for Science and Policy’s Expert Network at the University of Cambridge
A Pro-Innovation and Responsible Approach to Regulating Quantum & AI
His advice to the RHC was guided by the core vision of the imminent Stanford Center for Responsible Quantum Technology: to foster a regulatory environment that is enabling, not stifling. A pro-innovation framework, as he argued, is crucial for attracting domestic and international talent and investment. Innovators and investors are drawn to jurisdictions that offer regulatory clarity and a commitment to responsible development. By establishing such an environment, the UK can position itself as a premier destination for the burgeoning quantum industry.
The RHC report embraces this philosophy. It explicitly rejects a one-size-fits-all regulatory model and instead advocates for a nuanced, application-specific approach. Recognizing that quantum technologies are at varying stages of development, the report wisely suggests that the timing and nature of regulatory interventions should be carefully calibrated. This aligns with the view that governance should be agile and adaptive, evolving in step with the technology itself.
The Influence of the "10 Principles for Responsible Quantum Innovation" on UK Quantum Governance
Kop was particularly pleased to see the RHC report explicitly reference and incorporate the "10 Principles for Responsible Quantum Innovation." This framework, developed by Kop’s interdisciplinary team at Stanford Law School, is the culmination of interdisciplinary collaboration aimed at providing actionable guidance for policymakers, innovators, and other stakeholders in the quantum ecosystem.
The 10 Principles are designed to operationalize what is known as the "SEA" framework, which emphasizes the need to simultaneously Safeguard against risks, Engage stakeholders, and Advance quantum technology. This integrated approach ensures that the pursuit of innovation does not come at the expense of societal well-being. By embedding these principles into its recommendations, the RHC has endorsed a holistic and forward-thinking model for quantum governance.
The report highlights the importance of principles such as dual-use considerations, information security, and the need for international collaboration. It also underscores the societal relevance of quantum R&D, advocating for a clear linkage between technological advancement and desirable societal outcomes. This resonance between academic work and the RHC's policy recommendations is a testament to the value of bridging the gap between scholarship and practice.
Summary of the RHC Report and the Minister's Response: A Use Case Based Regulatory Approach
The RHC's report, "Regulating Quantum Technology Applications," is a comprehensive and insightful document. It correctly identifies that it is too early for broad, legally-based regulation, given the nascent stage of many quantum technologies. Instead, it proposes a "quantum regulatory pathway" that relies on a mix of standards, guidance, quantum impact assessments, best practices, and codes of conduct.
Key recommendations include:
1. Regulating the application, not the platform technology: This use-case based regulatory approach, which he strongly advocated, ensures that governance is tailored to the specific risks and benefits of a particular use case, rather than imposing a blanket regulatory regime on the entire field of quantum technology.
2. Establishing a Quantum Regulatory Forum: This body would bring together regulators, industry experts, and academics to foster collaboration, share knowledge, and anticipate future challenges.
3. Leveraging testbeds and sandboxes: These controlled environments would allow innovators and regulators to experiment with new technologies and co-create appropriate governance frameworks.
4. Promoting international collaboration: The report recognizes that quantum technology is a global enterprise and that the UK must actively participate in international standards-setting bodies to advance its interests and values.
The response from the UK government has been positive. In a letter to the RHC, the Minister for Science, Research and Innovation, the Rt Hon Andrew Griffith MP, welcomed the report, noting that it "aligns closely with our National Quantum Strategy and its five missions, laying a solid foundation for the future." The Minister confirmed that the UK Office for Quantum will provide a detailed response to the report's recommendations, signaling a clear commitment to translating the Council's advice into concrete policy.
This enthusiastic reception is a strong indication that the UK is serious about creating a world-leading regulatory environment for quantum technology. By embracing a pro-innovation and responsible approach, the UK is not only fostering a thriving quantum sector but also reinforcing its position as a global science and technology powerhouse.
The RHC's report, "Regulating Quantum Technology Applications” champions a Use Case Based Regulatory Approach.
The Path Forward: A New Model for Tech Governance
The collaboration between the Stanford Center for Responsible Quantum Technology and the UK's Regulatory Horizons Council exemplifies a new and promising model for technology governance. As we stand on the cusp of a quantum revolution, it is imperative that we move beyond the reactive regulatory postures of the past. The development of transformative technologies requires proactive and thoughtful engagement from all stakeholders, and academia has a crucial role to play in providing the intellectual frameworks and evidence-based analysis needed to inform sound policymaking.
The UK's approach to regulating quantum technology is a bold and welcome departure from the often-polarized debates that have characterized the governance of other emerging technologies. By choosing a path of responsible innovation, the UK is setting a new standard for the world. It is a testament to the power of collaboration and a shared commitment to ensuring that the development of quantum technology is guided by a deep and abiding sense of responsibility to the public good.
Kop feels privileged to have contributed to this important work and looks forward to continuing the quantum governance dialogue with partners in the UK and around the world as they navigate the complex and exciting terrain of the quantum age. The journey has just begun, but with a clear vision and a spirit of transatlantic and transpacific collaboration, we can ensure that the quantum future is one of promise, prosperity, and responsibility, on the planetary level.